PU6SJ 

STP 


RULES 


Civil  Service  Commission^ 


for  the 


City  of  .Buffalo/-* 


702-n 


RULES 

of  the 

Civil  Service  Commission 

for  the 

City  of  Buffalo 


CHARLES  L.  FELDMAN, 
CYRUS  L.  BARBER, 

WILLIAM  F.  WIERLING, 

Commissioners. 

ALBERT  O.  ALLGEYER, 

Secretary* 


MUNICIPAL  CIVIL  SERVICE  COMMISSION 
552-554-556  Ellicott  Square. 

Buffalo,  N.  Y.,  February  1,  1917. 

To  His  Honor  the  Mayor  of  the  City  of  Buffalo 

and  to  the  Honorable  the  State  Civil  Service  Com- 
mission : 

Gentlemen : 

Pursuant  to  a  resolution  duly  adopted  by  this 
Commission  at  a  regular  meeting  held  on  Thursday, 
February  1,  1917,  the  following  rules  and  regulations 
governing  the  civil  service  of  the  City  of  Buffalo  are 
recommended  and  herewith  submitted  for  your 
approval. 

CHARLES  L.  FELDMAN, 
CYRUS  L.  BARBER, 
WILLIAM  F.  WIERLING, 

Commissioners. 

Attest: 

ALBERT  O.  ALLGEYER, 

Secretary. 

Filed  in  the  City  Clerk's  Office,  February  16,  1917. 


MAYOR'S  OFFICE 
City  of  Buffalo. 

I  hereby  approve  of  the  following  rules  and  regula- 
tions governing  the  civil  service  of  the  City  of  Buffalo. 


LOUIS  P.  FUHRMANN, 

Mayor. 
February  6,  1917. 


STATE  OF  NEW  YORK, 
State  Civil  Service  Commission. 

Albany,  N.  Y.,  February  14,  1917. 

The  following  rules  and  regulations  governing  the 
civil  service  of  the  City  of  Buffalo,  having  been 
duly  examined,  are  hereby  ratified  and  approved  by  the 
State  Civil  Service  Commission. 

Attest: 


[SEAL]  JOHN  C.  BIRDSEYE, 

Secretary. 


6 


Office  of 

CIVIL  SERVICE  COMMISSION 
City  of  Buffalo. 


At  a  regular  meeting  of  the  Civil  Service  Commis- 
sion of  the  City  of  Buffalo  held  in  said  city  on 
Thursday,  February  1,  1917, 

Present:  Charles  L.  Feldman,  Cyrus  L.  Barber  and 
William  F.  Wierling,  Commissioners, 

the  following  resolution  was  duly  adopted: 

RESOLVED:  That  the  following  rules  and 
regulations  be  and  the  same  are  hereby  prescribed 
and  adopted  for  the  government  of  the  Civil 
Service  of  the  City  of  Buffalo,  subject  to 
approval  by  the  Mayor  and  the  State  Civil  Service 
Commission. 


ALBERT  O.  ALLGEYER, 

Secretary. 


CONTENTS 


Rule  Page 

1.  Definition  of  Terms 11 

2.  Officers  and  Employees  of  the  Commission 12 

3.  The  Unclassified  Service .'. 12 

4.  The  Classified  Service 13 

5.  The  Exempt  Class  (Schedule  A) 13 

6.  The  Competitive  Class  (Schedule  B) 14 

7.  The  Non-Competitive  Class  (Schedule  C) 14 

8.  The  Labor  Class  (Schedule  D) 14 

9.  Applications  for  Examinations 15 

10.  Applications  for  Police  Department 17 

11.  Applications  for  Fire  Department 18 

12.  Applications  for  positions  in  the   Fire  and   Police 

Departments  other  than  Patrolman  or  Fireman 19 

13.  Disqualification  of  Applicants 19 

14.  Waiver  as  to  Residence  and  Citizenship 20 

15.  Examinations 20 

16.  Suspension  of  Rule  requiring  Competition 22 

17.  Eligible  Lists 23 

18.  All  Appointments  Subject  to  the  Civil  Service  Law 

and  these  Rules 24 

19.  Appointments  to,  and  Employments  in,  Positions  in 

the  Competitive  Class 24 

20.  Appointments  to  positions  in  the  Competitive  Class. 

From  the  Eligible  List •. 25 

21.  Appointments  to  Positions  in  the  Competitive  Class. 

Provisional  Appointments 27 

22.  Temporary  Employment  in  Competitive  Positions 28 

23.  Appointments  to  Season  Positions 29 

24.  Emergency  Employment 30 

25.  Special  Patrolmen 30 

26.  Appointments  of  Firemen  and  Drivers  in  the  Fire 

Department 31 

27.  Appointments  as  Desk  Sergeants 32 

28.  Term  of  Probation  of  Appointments  in  the  Classified 

Service 33 

29.  Promotions 33 

30.  Transfers 35 

31.  Reinstatement  in  Service 35 

32.  Leave  of  Absence 37 

9 


Rule  Page 

33.  Appointments  to  Positions  in  the  Non-Competitive 

Class 37 

34.  Appointments  to  Positions  in  the  Labor  Class 38 

35.  Preferences  Allowed  Honorably  Discharged  Soldiers, 

Sailors  and  Marines 40 

36.  Efficiency  Records 41 

37.  Reports  of  Appointing  Officers 41 

38.  The  Official  Roster 43 

39.  Certificate  Before  Payment  for  Services 43 

40.  Payrolls,  Estimates  and  Accounts 44 

Schedules 46 

Constitutional  Provision 52 

Civil  Service  Law 53 

Index  to  Rules.. 77 

Index  to  Civil  Service  Law....                         86 


10 


RULES  OF  THE  CIVIL  SERVICE  COMMISSION 
FOR  THE  CITY  OF  BUFFALO. 

RULE  1. 
Definition  of  Terms. 

The  several  terms  heieinafter  mentioned,  whenever 
used  in  these  rules  or  in  any  regulations  thereunder, 
shall  be  construed  as  follows : 

1.  The  "Civil  Service"  of  the  City  of  Buffalo  in- 
cludes all  offices  and  positions  of  trust  or  employment 
in  the  service  of  the  city. 

2.  The   term    "appointing  officer"   signifies   the 
Council,    City    Commissioner,    Officer,    Commission, 
Board  or  Body  having  the  power  of  appointment  to 
subordinate  positions  in  any  office,  court,  department, 
commission,  board  or  institution. 

3.  'The  term  "head  of  the  department"  signifies 
the    Commissioner,    Officer,    Commission,    Board    or 
Body  being  in  direct  charge  of  any  office,  court,  com- 
mission, board  or  institution. 

4.  The  term  "group"  refers  to  the  divisions  in  a 
class  based  upon  the  character  of  the  duties  of  the 
positions,  without  regard  to  the  salaries  received. 

5.  The  term  "grade"  refers  to  the   divisions  of 
any  group  upon  the  basis  of  salary  or  compensation 
received. 

11 


6.  The  term  "compensation"  shall  be  construed 
as  the  annual  salary  of  the  position  or  duties  or  its 
equivalent  when  stated  by  the  day,  week  or  month, 
and  shall  include  proper  commutation  for  lodgings  and 
board,  or  either,  when  the  same  are  furnished  free  as 
a  part  of  such  compensation. 

7.  The  terms  "laborer"  and  "unskilled  laborer" 
are   used   synonymously  and  shall  be  construed  as 
applying  only  to  persons  employed  as  ordinary  laborers 
and  shall  not  include  mechanics,  artisans,  tradesmen, 
or  skilled  laborers. 

8.  The    term    "he"    and    its    derivatives    shall 
include  "she"  and  its  derivatives. 

RULE  2. 
Officers  and  Employees  of  the  Commission. 

The  Civil  Service  Commission  of  the  City  of 
Buffalo  shall  consist  of  three  Commissioners,  who  shall 
be  appointed  and  hold  office  as  provided  by  law. 
The  Commission  shall  at  the  first  regular  meeting 
held  in  January  of  each  year  elect  one  of  its  members 
as  President.  The  Commission  shall  have  the  power 
to  appoint  a  secretary  and  such  examiners,  stenogra- 
phers and  clerks  as  the  needs  of  the  service  require, 
and  the  Commissioners,  Secretary  and  other  em- 
ployees shall  receive  such  annual  salary  or  compensa- 
tion as  may  be  duly  authorized. 

RULE  3. 

The  Unclassified  Service. 

The  unclassified  service  of  the  City  of  Buffalo  shall 
comprise  all  elective  offices ;  the  head  or  heads  of  any 

12 


Department;  all  election  officers,  and  persons  em- 
ployed in  or  who  seek  to  enter  the  public  service  as 
superintendents,  principals  or  teachers  in  a  public 
school. 

RULE  4. 
The  Classified  Service. 

The  classified  service  shall  comprise  all  positions 
not  included  in  the  unclassified  service.  The  classified 
service  is  hereby  divided  into  four  classes,  viz.:  the 
exempt  class,  the  competitive  class,  the  non-competi- 
tive class  and  the  labor  class,  designated  respectively 
herein  as  Schedules  "A,"  "B,"  "C"  and  "D." 

RULE  5. 

The  Exempt  Class  (Schedule  "A.") 
The  exempt  class  shall  include : 

1.  The   deputies   of   principal   executive   officers, 
authorized  by  law  to  act  generally  for  and  in  the  place 
of  their  principals; 

2.  One  secretary  of  each  officer,  board  or  commis- 
sion, authorized  by  law  to  appoint  a  secretary; 

3.  One  clerk,  and  one  deputy  clerk  if  authorized  by 
law.  of  each  court,  and  one  clerk  of  each  elective 
judicial  officer; 

4.  Such  other  positions,  specifically  named  in  the 
schedules  hereto  annexed,  as  the  Commission  may 
deem  impracticable  to  fill  by  competitive  or   non- 
competitive  examination,   but    no  office  or  position 
shall  be  deemed  to  be  in  the  exempt  class  unless  it  is 

13 


specifically  named  in  such  class  in  these  rules.  '  Not 
more  than  one  appointment  shall  be  made  to  or  under 
the  title  of  any  such  office  or  position,  unless  a 
different  number  is  specifically  mentioned  in  these 
rules.  Appointments  to  positions  in  the  exempt  class 
may  be  made  without  examination. 

RULE  6. 
The  Competitive  Class  (Schedule  "B.") 

The  competitive  class  shall  include  all  positions  for 
which  it  is  practicable  to  determine  the  merit  and  the 
fitness  of  applicants  by  open  competitive  examination, 
and  shall  include  all  positions  now  existing,  or  hereafter 
created,  of  whatever  functions,  designations,  or  com- 
pensation in  each  and  every  branch  of  the  classified 
service,  except  such  positions  as  are  specifically 
enumerated  in  the  Exempt,  the  Non-Competitive  or 
the  Labor  Classes. 

RULE  7. 
The  Non-Competitive  Class  (Schedule  "C.") 

The  non-competitive  class  shall  include  such  posi- 
tions as  are  not  in  the  exempt  class  or  the  labor  class 
and  which  it  is  impracticable  to  include  in  the 
competitive  class. 

RULE  8. 
The  Labor  Class  (Schedule "D.") 

The  labor  class  shall  include  unskilled  laborers  and 
such  skilled  laborers  as  are  not  included  in  the  com- 
petitive class  or  the  non-competitive  class. 

14 


Rule  9. 
Applications  for  Examination. 

No  person  shall  be  admitted  to  any  examination 
for  a  position  in  the  competitive  clasToFtheliori^com- 
petitive  class,  until_he  shall  have  filed  an  application 
under  oath  upon  a  form  provided  by  the  Commission 
which  shall  show :  <» 

»»• 
1.     His  full  name;  that  he  is  a  citizen  of  the  United 

States,  and  has  resided  continuously  in  the  City  of 
Buffalo  for  the  two  preceding  years;  "the  street  and 
number  of  his  residence;  his  post-office  address;  his  age, 
place  and  date  of  birth;  the  nature  of  his  education; 
his  business  training  and  experience;  his  business  and 
employment  and  residence  for  the  previous  five  years ; 
whether  he  has  ever  been  in  official  service  before,  and 
if  so,  when  and  where;  whether  he  has  ever  been 
discharged  therefrom,  and  if  so,  the  reason  therefor; 
whether  he  has  been  honorably  discharged  from 
military  or  naval  service  of  the  United  States,  as 
soldier,  sailor  or  marine,  during  the  late  Civil  War,  in 
which  case  the  discharge,  or  duly  authenticated  copy 
thereof,  shall  be  submitted  with  the  application;  and 
such  other  information  as  may  be  required  touching 
upon  the  applicant's  merit  and  fitness  for  the  public 
service. 

2.  That  he  is  free  from  any  disease  or  physical 
defect  which  might  impair  his  ability  to  render  good 
and  faithful  service  to  the  City  of  Buffalo. 

3.  The  certificate  of  three  reputable  citizens  of 
the  City  of  Buffalo,  each  certifying  that  he  individually 
has  been  personally  acquainted  with  the  applicant  for 
at  least  one  year,  and  believes  him  to  be  of  good  moral 
character,  of  temperate  and  industrious  habits,  and  in 

15 


all  respects  fit  for  the  service  he  wishes  to  enter ;  that  he 
is  willing  to  answer  such  detailed  questions  as  may  be 
addressed  to  him  by  the  Commission  in  relation 
thereto;  and  that  all  such  information  may  be  pub- 
lished at  the  discretion  of  the  Commission. 

4.  The  Commission  may  further  require  in  con- 
nection  with   such    application   such    certificates   of 
citizens,  physicians  or  others  having  knowledge  of  the 
applicant  as  to  the  applicant's  character,  trustworthi- 
ness, business  experience  and  fitness  for  the  position 
as  the  Commission  may  deem  for  the  good  of  the 
service. 

5.  The    Commission     shall    not    consider    any 
communication    as    to    the   qualifications   or   merits 
of  any  candidate  for  a  position   except  such  com- 
munications as  it  may  invite  by  way  of  verification  of 
statements  made  by  candidates. 

6.  In  applications  for  examination  for  positions 
requiring  scientific,  professional  or  technical  qualifica- 
tions,   the    Commission    may    require    evidence    of 
special  education  in,  and  of  practical  experience  for  a 
satisfactory  term  in,  the  science,  profession,  art  or 
trade  involved ;  and  may  require  the  production  of  such 
certificates  of  competency  and  licenses  as  are  required 
by  the  statutes  of  this  State,  or  by  the  ordinances  of 
the  City  of  Buffalo,  preliminary  to  the  practice  of 
such  science,  profession,  art  or  trade. 

7.  The  Commission  may  prescribe  such  limits  of 
age  for  any  position  where,  in  its  judgment,  the  nature 
of  the  work  to  be  performed  so  demands,  subject  to 
the  provisions  of  law  respecting  veterans. 


16 


RULE  10. 
Applications  for  Police  Department. 

Applicants  for  examination  for  patrolman  in  the 
Police  Department  shall,  in  addition  to  the  general 
requirements  of  Rule  9: 

1 .  Be  not  less  than  24  nor  more  than  30  years  of 
age  at  the  date  of  their  examination  and  not  more 
than  33  at  the  time  of  their  appointment. 

2.  Be  not  less  than  5  feet  10  inches,  nor  more  than 
6  feet  4  inches  in  height. 

3.  Shall  have  a  chest  expansion  of  not  less  than  3 
inches  and  shall  possess  the  minimum  normal  chest 
measurement  fixed  in  the  following  schedule  for  their 
respective  height: 

4.  Shall  weigh  not  more  than  10  per  cent,  above 
nor  more  than  5  per  cent,  below  the  standard  weight 
according  to  their  respective  height  and  age  as  fixed  in 
the  following  schedule : 


Height 

AGE  —  nearest  birthday 

24   25   26   27 
Yrs.  Yrs.  Yrs.  Yrs. 

28 
Yrs. 

29 

Yrs. 

30 

Yrs. 

Min. 
Nor'l 
•  Chest 
Inches 

Ibs. 

Ibs. 

Ibs. 

Ibs. 

Ibs. 

Ibs. 

Ibs. 

5'  10'  
5'  11'  
6'   
6'  1"  
6'  2'  
6'  3'  
6'  4'  

156 
.  160 
.  165 
.  171 
.  177 
.  182 
.  187 

157 

162 
167 
173 
179 
184 
189 

158 
163 
168 
174 
180 
186 
191 

158 
163 
169 
175 
181 
187 
192 

159 
164 
170 
176 
182 
188 
193 

160 
165 
171 
177 
183 
189 
194 

161 
166 
172 
178 
184 
190 
196 

35y2 
36 

36^ 
37 
37^ 
38 
38^ 

17 


RULE  11. 
Applications  for  Fire  Department. 

Applicants  for  examination  for  fireman  in  the  Fire 
Department  shall,  in  addition  to  the  general  require- 
ments of  Rule  9: 

1.  Be  not  less  than  21  nor  more  than  30  years  of 
age  at  the  date  of  their  examination  and  not  more  than 
33  at  the  time  of  their  appointment. 

2.  Be  not  less  than  5  feet  7  inches,  nor  more  than 
6  feet  4  inches  in  height. 

3.  Shall  have  a  chest  expansion  of  not  less  than 
3  inches  and  shall  possess  the  minimum  normal  chest 
measurement  fixed  in  the  following  schedule  for  their 
respective  height. 

4.  Shall  weigh  not  more  than  5  per  cent,  above, 
nor  more  then  10  per  cent,  below  the  standard  weight 
according  to  their  respective  height  and  age  as  fixed  in 
the  following  schedule: 

AGE — nearest  birthday. 

21     22     23     24     25     26     27     28     29     30     Min. 
Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Yrs.  Nor'l 

Height  Chest 

Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Ibs.  Inches 

5'  7" 141  142  143  144  145  146  146  147  148  148  34 

5'  8* 145  146  147  148  149  150  150  151  152  152 

5'  9* 149  150  151  152  153  154  154  155  156  156  35 

5'  10* 153  154  155  156  157  158  158  159  160  161 

5'  ir 157  158  159  160  162  163  163  164  165  166  36 

6'   162  163  164  165  167  168  169  170  171  172  36^ 

6'  1" 167  168  169  171  173  174  175  176  177  178  37 

6'  2" 172  173  175  177  179  180  181  182  183  184  Ziy2 

6'  3' 177  178  180  182  184  186  187  188  189  190  38 

6'  4' 182  183  185  187  189  191  192  193  194  196  38^ 


18 


RULE  12. 

Applications  for   Positions   in   the   Fire   and   Police 
Departments  other  than  Patrolman  or  Fireman. 

Applicants  for  examination  to  positions  in  the 
Police  and  Fire  Departments  other  than  patrolman  or 
fireman  shall  possess  the  physical  qualifications  pre- 
scribed for  patrolman  or  fireman,  except  as  to  minimum 
height  and  weight,  which  latter  shall  be  fixed  by  the 
Commission. 


RULE  13. 

Disqualification  of  Applicants. 

The  Commission  may  refuse  to  examine  an  appli- 
cant, or  after  examination  to  certify  an  eligible,  who  is 
found  to  lack  any  of  the  established  preliminary  re- 
quirements for  the  examination  or  position  for  which 
he  applies;  or  who  is  physically  so  disabled  as  to  be 
rendered  unfit  for  his  performance  of  the  duties  of  the 
position  to  which  he  seeks  appointment;  or  who  is 
addicted  to  the  habitual  use  of  intoxicating  beverages 
to  excess;  or  who  has  been  guilty  of  a  crime  or  of  in- 
famous or  notoriously  disgraceful  conduct ;  or  who  has 
been  dismissed  from  the  public  service  for  delinquency 
or  misconduct;  or  who  has  intentionally  made  a  false 
statement  of  any  material  fact  or  practiced  or  at- 
tempted to  practice,  any  deception  or  fraud  in  his 
application,  in  his  examination,  or  in  securing  his 
eligibility  or  appointment.  Any  of  the  foregoing 
disqualifications  shall  be  cause  for  the  removal  of  the 
name  of  such  applicant  from  an  eligible  list  or  from 
the  service  after  his  appointment. 

19 


RULE  14. 

Waiver  as  to  Residence  and  Citizenship. 

t 

The  restrictions  as  to  residence  and  citizenship 

may  be  waived  by  the  Commission,  as  to  all  positions 
which  require  special,  scientific  or  technical  training 
and  education,  or  in  cases  where,  because  of  low 
compensation  or  other  reason  such  requirements  are 
disadvantageous  to  the  public  service,  and  also  as  to 
all  positions  in  the  hospital  service.  r\ 

RULE  15. 
Examinations. 

1.  All  examinations  shall  be  public  and  shall  be 
practical  in  their  character  and  relate  to  such  matters 
as  will  fairly  test  the  relative  capacity  and  fitness  of 
the  persons  examined  to  discharge  the  duties  of  that 
service  into  which  they  seek  to  be  appointed. 

2.  The  Commission  shall  prepare  lists  of  pre- 
liminary requirements  and  subjects  of  examination 
for  the  several  positions  or  groups  of  positions  in  the 
competitive  class,  and  shall,  from  time  to  time,  prepare 
such  examinations  for  the  positions  and  groups  of 
positions  aforesaid  as  shall  be  pertinent  to  them. 

3.  The    Commission    may    further    direct    oral 
examinations  or  practical  tests  of  fitness  for  any  partic- 
ular positions  requiring  any  scientific,  professional  or 
technical  knowledge  or  manual  skill. 

4.  When    the    position    to    be    filled    involves 
fiduciary  responsibility,  the  appointing  officer,  where 
otherwise  permitted  by  law,  may  require  the  appointee 

20 


to  furnish  a  bond  or  other  security  and  shall  notify  the 
Commission  of  the  amount  and  necessary  details 
thereof. 

5.  Whenever  physical  qualifications  are  of  essen- 
tial importance  to  the  proper  discharge  of  the  duties  of 
any   position,    applicants    must   pass   such    physical 
examination  as  the  Commission  may  require  and  must 
be  certified  as  qualified  in  such  respects,  either  before 
admission  to  the  examination,  or  before  record  on  the 
proper  eligible  list,  or  before  certification  for  appoint- 
ment, as  the  Commission  may  determine. 

6.  At  least  twenty  days'  public  notice  of  exami- 
nation shall  be  given  by  publication  thereof,  at  least 
twice,  in  a  city  newspaper. 

7.  Examination  papers  shall  be  rated  on  a  scale  of 
100,  and  the  subjects  therein  shall  be  given  such  rela- 
tive weights  as  the  Commission  may  prescribe  for  each 
examination.     The    Commission    may    in    any    case 
require  applicants  to  attain  a  specified  percentage  in 
any  one  or  more  subjects  embraced  within  the  exami- 
nation.    The  subjects  and  weights  for  each  examina- 
tion   and    any   specified    percentage,    not   below    60 
required  in  any  one  subject  shall  be  fixed  and  deter- 
mined in  advance  and  announced  in  the  notice  of  the 
examination. 

8.  The  Commission  may  retain,  without  examina- 
tion, such  assistants  or  experts,  as  it  may  require  in 
conducting  examinations  for  positions  of  a  professional, 
scientific,  technical  or  other  expert  character. 

9.  After  an  eligible  list  has  been  established,  each 
competitor  shall  be  notified  of  the  result  of  his  examina- 
tion and  of  his  relative  standing  on  the  list.     Any 
competitor  may,  in  person,  or  by  his  agent,  authorized 

21 


in  writing,  at  such  times  as  the  Commission  may 
prescribe,  inspect  his  examination  papers,  and  he  may 
within  fifteen  days  after  the  adoption  of  such  eligible 
list,  appeal  to  the  Commission  from  the  rating  allowed 
him,  which  appeal  shall  be  in  writing  and  shall  specify 
in  detail  his  cause  for  complaint.  No  one  shall  be 
permitted  to  see  any  papers  but  his  own  or  those  of  the 
candidate  for  whom  he  is  acting  as  authorized  agent. 

10.  The  Commission  shall  have  the  power  when- 
ever in  its  judgment  the  interests  of  the  public  service 
require,  to  order  a  re-examination  of  applicants  for  any 
position;  and  it  shall  also  have  power  to  correct  any 
error  and  to  amend  or  revoke  any  eligible  list  or  other 
paper  or  record,  where  it  appears  that  an  error  has 
been  made  or  an  injustice  has  been  done.  Whenever 
any  person  whose  name  appears  upon  any  eligible 
list  has  for  any  reason  become  incapacitated  for  ap- 
pointment to  the  public  service,  the  Commission  may 
strike  such  name  from  said  list.  The  reasons  for  every 
such  action  above  specified  shall  be  recorded  in  full  in 
the  minutes  of  the  Commission;  and  notice  of  such 
action  shall  be  given  by  mail,  or  as  the  Commission 
may  otherwise  direct,  to  all  persons  whose  standing 
upon  such  list  may  be  unfavorably  affected  thereby. 


RULE  16. 
Suspension  of  Rule  Requiring  Competition. 

In  case  of  a  vacancy  in  any  position  in  the  compet- 
itive class,  where  peculiar  and  exceptional  qualifica- 
tions of  a  scientific,  professional  or  educational  character 
are  required,  and  upon  satisfactory  evidence  that  for 
specified  reasons  competition  in  such  special  case  is 
impracticable,  and  that  the  position  can  be  best  filled 
by  the  selection  of  some  designated  person  of  high  and 

22 


recognized  attainments  in  such  qualities,  the  Com- 
mission may  suspend  the  provisions  of  the  rule 
requiring  competition  in  such  case,  but  no  such 
suspension  shall  be  general  in  its  application  to  such 
place. 


RULE  17. 
Eligible  Lists. 

1.  The  names  of  all  competitors  who  attain  an 
average  percentage  of  75  or  over  in  any  examination 
shall  be  entered  on  the  eligible  list  or  proper  register, 
in  the  order  of  their  average  percentages;    provided, 
however,  that  the  names  of  competitors  who  have 
attained  such  average  percentage  and  who  claim  and 
are  entitled  to  preference  in  appointment  in  accordance 
with  Article  V,  Section  9  of  the  Constitution,  shall, 
after  such  preference  has  been  allowed  by  the  Com- 
mission, be  placed  in  the  order  of  their  respective 
average  percentages  at  the  head  of  such  register  or 
list. 

2.  The  term  of  eligibility  for  each  eligible  list 
shall  be  not  less  than  one  nor  more  than  four  years. 

3.  An  eligible  list  which  has  been  in  force  for  over 
one  year  shall  terminate  upon  the  establishment  and 
adoption  of  a  new  list  for  the  same  position;  and  all 
persons  whose  names  appear  upon  any  such  eligible 
list  shall  be  notified  by  mail  of  such  termination  and  of 
the  time  and  place  when  a  new  examination  for  such 
position  is  to  be  held. 


23 


RULE  18. 

All  Appointments  Subject  to  the  Civil  Service 
Law  and  these  Rules. 

No  appointing  officer  shall  select  or  appoint  any 
person  for  appointment,  employment,  promotion  or 
reinstatement,  except  in  accordance  with  the  provisions 
of  the  Civil  Service  Law  and  these  Rules. 


RULE  19. 

Appointments  to,  and  Employments  in,  Positions 
in  the  Competitive  Class. 

1.  No  person  shall  be  appointed  to  or  employed 
in  any  position  in  the  classified  service  of  the  city, 
until  he  has  passed  an  examination  or  is  shown  to  be 
especially  exempted  from  such  examination  in  con- 
formity with  these  rules  and  the  provisions  of  law. 

2.  No  person  shall  be  appointed  or  employed 
under  any  title  not  appropriate  to  the  duties  to  be  per- 
formed, and  no  person  shall  be  transferred  to,  or  as- 
signed to  perform  the  duties  of,  any  position  subject 
to    competitive   examination,    unless    he   shall    have 
previously  passed  an  open  competitive  examination 
equivalent  to  that  required  for  such  position,  or  unless 
he  shall  have  served  with  fidelity  for  at  least  three 
years  in  a  similar  position. 


24 


RULE  20. 

Appointments  to  Positions  in  the  Competitive 
Class.     From  the  Eligible  List. 

1.  Appointments  shall  be  made  to,  or  employ- 
ment shall  be  given  in,  all  positions  in  the  competitive 
class  that  are  not  filled  by  promotion,  reinstatement, 
transfer,  or  reduction,  under  the  law  and  rules,  by 
appointment   from   among   those  graded   highest   in 
open  competitive  examination,  on  the  eligible  list  most 
nearly  appropriate  for  the  group,  in  which  the  position 
to  be  filled,  is  classified;  and  a  new  list  shall  be  created 
for  a  stated  position,  or  group  of  positions,  only  when 
there    is    no    appropriate    list    existing    from    which 
appointment  may  be  made. 

2.  Whenever  an  appointing  officer  shall  request  a 
certification  from  which  to  make  an  appointment  to,  or 
give  employment  in,  any  position  in  the  competitive 
class,  he  shall  specify  the  title,  duties  and  compensa- 
tion of  such  position  so  that  certification  may  be  made 
from  the  proper  eligible  list.     The  Commission  shall 
thereupon  certify  to  the  appointing  officer  the  names 
of  the  three  persons,  if  there  be  so  many,  standing 
highest  on  the  proper  eligible  list.     Such  certification 
shall  indicate  those  who  are  entitled  to  preference  in 
appointment  in  accordance  with  Article  V,  Section  9 
of    the    Constitution,    together    with    the    average 
percentages  and  postoffice  addresses  of  such  persons. 

3.  If    the    appointing    officer    shall    notify    the 
Commission  of  more  than  one  vacancy,   the  Com- 
mission shall  certify  the  names  of  as  many  persons  as 
there  are  vacancies  to  be  filled,  and  two  names  in 
addition  thereto. 

4.  No    person    shall    be    certified    to    the    same 
appointing  officer  for  the  same,  or  a  similar  position  at 

25 


the  same  rate  of  compensation,  more  than  three  times, 
except  at  the  request  of  said  officer;  and  also  except 
such  person  be  a  veteran  entitled  to  preference,  in 
which  case  his  name  shall  continue  to  be  certified  so 
long  as  it  remains  on  the  eligible  list. 

5.  Whenever  the  sex  of  those  whose  names  are  to 
be  certified  is  specified  by  law,  or  in  the  request  for 
certification,  the  names  of  those  only  of  the  sex  so 
specified   shall   be   certified;   but  in   all   other   cases 
certification  shall  be  made  without  regard  to  sex. 

6.  When  an  eligible  certified  for  appointment  shall 
fail  or  refuse  to  accept,  within  the  four  business  days 
next  succeeding  the  mailing  of  an  offer  of  appointment, 
he  shall  be  deemed  to  have  declined  the  appointment, 
and  upon  notice  of  such  fact  the  Commission  shall 
certify  an  additional  name  to  replace  the  name  of  the 
person  so  declining. 

7.  The  name  of  any  person  certified  as  eligible  for 
appointment  who  shall  decline  an  offer  of  appointment 
shall  be  stricken  from  the  list  from  which  such  certifica- 
tion is  made,  unless  such  declination  be  based  on 
insufficiency  of  the  salary  attached  to  the  position 
offered,  or  temporary  inability,  physical  or  otherwise 
to  accept,  and  proof  of  such  inability  is  furnished  to  the 
Commission. 

8.  Whenever  an  eligible  shall  decline  any  appoint- 
ment  offered    and    another   eligible   whose    relative 
standing  is  lower  on  the  list  shall  be  appointed  to  the 
position,  the  salary  or  compensation  of  such  appointee 
shall  not  be  increased  within  a  period  of  one  year  after 
his  appointment,  beyond  that  offered  to  the  person  so 
declining. 


26 


9.  From  among  the  persons  whose  names  are 
certified,  as  above  provided  for,  the  appointing  officer 
shall  make  an  appointment  to  fill  the  vacancy,  subject, 
however,  to  preference  allowed  by  law. 

10.  Whenever  an  eligible  list  contains  less  than 
three  names,   the  appointing  officer  may  make  an 
appointment  from  such  list  or  proceed  as  herein  other- 
wise provided. 

11.  The  name  of  an  eligible  who  shall  be  certified 
for  appointment  from  an  eligible  list  and  who  shall 
receive  an  appointment  permanent  in  its  character 
shall  be  stricken  from  the  list  from  which  such  certi- 
fication was  made. 

RULE  21. 

Appointments  to  Positions  in  Competitive  Class. 

Provisional  Appointments. 

• 

1.  Whenever  there  are  urgent  reasons  for  filling  a 
vacancy  in  any  position  in  the  competitive  class,  and 
there  is  no  list  of  persons  eligible  for  appointment  after 
competitive  examination,  or  the  existing  list  contains 
less  than  three  names,  the  appointing  officer  may 
nominate  a  person  to  the  Commission  for  non-com- 
petitive examination,  and  if  such  nominee  shall  be 
certified  by  the  Commission  as  qualified  after  such 
non-competitive  examination,  he  may  be  appointed 
provisionally  to  fill  such  vacancy  until  a  selection  and 
appointment  can  be  made  after  competitive  examina- 
tion, but  such  provisional  appointment  shall  not  con- 
tinue more  than  ten  days  after  notice  to  the  appointing 
officer  that  an  eligible  list  has  been  prepared  for  such 
position,  nor  in  any  case  for  a  longer  period  than  four 
months,  nor  shall  successive  provisional  appointments 
be  made  to  the  same  position  under  this  rule. 

27 


2.  Whenever  a  vacancy  exists  in  a  position  in  the 
competitive  class,  and  an  open  competitive  examina- 
tion has  been  duly  advertised,  and  there  are  less  than 
three  applications  filed  for  the  examination,  the 
appointing  officer  may  nominate  a  person  to  the 
Commission  for  non-competitive  examination,  and  if 
such  nominee  shall,  after  examination,  be  certified  by 
the  Commission  as  qualified,  he  may  be  appointed  to 
fill  such  vacancy.  In  case  there  is  a  person  serving  in 
such  a  position  under  provisional  examination,  and  no 
one  applies  to  compete  with  him  in  an  open  compet- 
itive examination  duly  advertised,  the  provisional 
appointment  of  such  person  may  be  made  permanent. 

RULE  22. 
Temporary  Employment  in  Competitive  Positions. 

1.  When    the    services    to    be    rendered   by  an 
appointee  are  for  a  temporary  period,  not  to  exceed 
one  month,  and  the  need  of  such  service  is  important 
and  urgent,  the  appointing  officer  may  select  for  such 
service  any  person  on  the  proper  list  of  those  eligible 
for  permanent  appointment,  without  regard  to  his 
standing  on  such  list  upon  due  notice  to  the  Com- 
mission of  the  reason  therefor. 

2.  No  person  shall  be  eligible  for  such  temporary 
appointment  to  any  position  in  the  competitive  class 
if  he  shall  have  received  a  temporary  appointment 
from  the  same  eligible  list  within  the  previous  four 
months,  unless  such  person  shall  be  one  of  the  three 
highest  on  said  list  willing  to  accept  such  employment. 

3.  The  acceptance  by  an  eligible  of  a  temporary 
appointment  shall   not   affect   his   standing   on    the 
eligible  list  or  register  for  a  permanent  appointment, 

28 


nor  shall  such  temporary  service  be  counted  as  part  of 
the  probationary  term,  in  case  of  subsequent  appoint- 
ment to  a  permanent  position. 

RULE  23. 
Appointments  to  Season  Positions. 

1.  All   positions   in    the   competitive   class,    the 
nature  of  the  service  of  which  is  temporary  and  not 
continuous    throughout    the   year,    but   recurs   each 
successive  calendar  year,  are  hereby  designated  as 
"Season  Positions"  and  shall  be  subject  to  the  pro- 
visions of  these  rules  applicable  generally  to  positions 
in  the  competitive  class,  except  as  herein  otherwise 
provided. 

2.  Any  person  appointed    to,    or   employed    in, 
a   season    position   and   who   has   been  temporarily 
separated  from  the  service  by  reason  of  the  completion 
of  the  work  of  such  position,  shall  be  entitled   to 
reappointment   to,   or  re-employment  in,    the  same 
position  in  the  next  ensuing  year. 

3.  Additional  appointments  to,  or  employment  in, 
a  season  position  shall  be  made  from  among  those 
eligibles  whose  names  appear  upon  the  most  appro- 
priate eligible  list  for  the  position  involved,  who  are 
willing  to  accept  temporary,  or  season  employment, 
preference  being  given  in  the  order  of  their  standing 
on  such  list. 

4.  When  a  sufficient  number  of  eligibles  cannot 
be    so    secured  from   such    eligible    list,    additional 
appointments   may   be  made  without   examination, 
unless    the    Commission    shall    require  a  qualifying 
examination;    and   the  appointing    officer    shall,   in 

29 


each  such  case,  report  to  the  Commission  the  names 
of  the  persons  so  employed,  the  character  of  their 
previous  employment,  the  term  of  their  employment 
by  him  and  the  rate  of  compensation  to  be  paid  them. 


RULE  24. 
Emergency  Employment. 

In  cases  of  emergency,  where  the  public  interest 
demands  the  immediate  employment  of  one  or  more 
persons  to  perform  the  work,  or  render  the  services  of 
a  position  in  the  competitive  class,  and  it  is  impracti^ 
cable  to  make  such  appointment  in  accordance  with 
the  law  and  these  rules,  the  appointing  officer  may, 
subject  to  the  subsequent  approval  of  the  Commission, 
procure  such  services  to  be  performed  and  such  work 
to  be  done  to  meet  the  demands  of  the  public  interests, 
but  in  no  case  shall  such  employment  be  for  a  longer 
period  than  five  days. 

In  all  such  cases  the  appointing  officer  shall  make  a 
full  report  to  the  Commission  of  all  of  the  facts  and 
circumstances  and  successive  emergency  appointments 
shall  not  be  made. 

RULE  25. 
Special  Patrolmen. 

Special  patrolmen  may  be  temporarily  appointed 
pursuant  to  law,  without  examination  and  without 
reference  to  the  qualifications  provided  in  these 
rules,  in  cases  of  epidemic,  riot,  or  when  necessary 
in  other  and  kindred  emergencies,  provided,  however, 
that  no  person  so  employed  shall  continue  in  the 

30 


service  for  a  longer  period  than  ten  days  unless  upon 
the  written  request  of  the  appointing  power  setting 
forth  the  reasons  why  an  extension  of  time  is  neces- 
sary, the  Commission  shall  extend  such  temporary 
period  of  employment.  No  such  extension,  however, 
shall  be  for  a  longer  period  than  ten  days,  and  in  no 
case  shall  such  employment  be  authorized  or  con- 
tinued beyond  the  necessities  of  the  emergency. 

RULE  26. 

Appointments  of  Firemen  and  Drivers  in  the 
Fire  Department. 

1.  The  appointing  officer  may  designate  from  the 
eligible  list  of  Firemen,  and  from  the  eligible  list  of 
Drivers,  in  the  manner  prescribed  by  these  rules,  one 
hundred  and  twenty-five  men  to  be  known  as  the 
"Substitute  Corps,"  which   corps  shall   include   the 
requisite  number  of  substitute  firemen  and  drivers. 
Designation  to  said   substitute  corps   shall,  for  the 
purposes  of   these   rules,   be  deemed   equivalent   to 
an  appointment,  and  the  names  of  the  persons  so 
appointed  to  said  corps  shall  be  stricken  from  the 
eligible  list,  and  such  persons  shall  not  be  required 
to  pass  any  further  examination  by  the  Commission 
to  entitle  them  to  appointment  to  regular  and  per- 
manent positions  in  the  Department. 

2.  Appointments  to  regular  and  permanent  posi- 
tions as  firemen  and  drivers  in  the  Fire  Department 
shall  be  made  from  such  substitute  corps,  first,  in  order 
of  seniority  of  appointment  to  such  substitute  corps, 
and  secondly,  in  accordance  with  the  rating  obtained 
in  the  original  examination  and  standing  upon  the 
eligible  list.    All  substitute  work  shall  be  first  distrib- 
uted to  and  among  the  members  of  such  substitute 

31 


corps  as  evenly  and  ratably  as  possible.  Whenever  such 
substitute  corps  shall  be  unable  to  do  all  of  the  sub- 
stitute work,  additional  substitutes  may  be  employed, 
to  be  appointed  from  the  eligible  list,  but  the  employ- 
ment of  all  such  additional  substitutes  shall  not  be 
tantamount  to  a  permanent  appointment,  nor  exempt 
them  from  subsequent  civil  service  examination  after 
the  expiration  of  the  existing  eligible  list. 

RULE  27. 
Appointments  as  Desk  Sergeants. 

1.  The  appointing  officer  may  designate  from  the 
eligible  list  of  Desk  Sergeants,  in  the  manner  pre- 
scribed by  these  rules,  six  men  to  be  known  as  "Per- 
manent Substitute  Desk  Sergeants."     Designation  as 
such  permanent  substitute  desk  sergeant  shall,  for  the 
purpose  of  these  rules,  be  deemed  equivalent  to  an 
appointment,  and  the  names  of  the  persons  so  designa- 
ted shall  be  stricken  from  the  eligible  list,  and  such 
persons  shall  not  be  required   to  pass  any  further 
examination  by  the  Commission  to  entitle  them  to 
appointment  to  regular  and  permanent  positions  as 
desk  sergeants  in  the  Police  Department. 

2.  Appointments     to    regular    and     permanent 
positions  as  desk  sergeants  in  the  Police  Department 
shall  be  made  from  among  such  permanent  substitute 
desk  sergeants,  first,  in  the  order  of  seniority  of  ap- 
pointment as  such  permanent  substitute  desk  sergeant, 
and  secondly,  in  accordance  with  the  rating  obtained 
in  the  original  examination  and  standing  upon  the 
eligible  list.     Whenever  the  six  permanent  substitute 
desk  sergeants  shall  be  unable  to  do  all  the  substitute 
work,  additional  substitutes  may  be  employed,  to  be 
appointed  from  the  eligible  list,  but  the  employment  of 

32 


all  such  additional  substitutes  shall  not  be  tantamount 
to  permanent  appointment,  nor  exempt  them  from 
subsequent  civil  service  examination  after  the  expira- 
tion of  the  existing  eligible  list. 


RULE  28. 

Term  of  Probation  of  Appointments  in  the 
Classified  Service. 

In  addition  to  the  tests  required  in  physical,  mental 
and  written  examinations  for  positions  in  the  classified 
service,  and  as  a  further  test  of  the  fitness  and  ability 
of  a  person  appointed  to  such  service,  all  appointments 
or  employments  in  the  classified  service,  except  those 
who  are  entitled  to  preference  in  accordance  with 
Articles  V,  Section  9  of  the  Constitution,  shall  be  for  a 
probationary  term  of  six  months;  and  if  the  conduct, 
capacity  and  fitness  of  the  probationer  are  satisfactory 
to  the  appointing  officer,  his  retention  in  the  service 
after  the  end  of  such  term  shall  constitute  his  per- 
manent appointment;  but  if  his  conduct,  capacity  or 
fitness  shall  not  be  satisfactory  he  may  be  discharged 
during  such  term. 

RULE  29. 
Promotions. 

1.  Vacancies  in  positions  in  the  competitive  class 
shall  be  filled,  so  far  as  practicable,  by  promotion  from 
among  persons  holding  positions  in  a  lower  grade  in 
the  office,  bureau,  department  or  institution  in  which 
the  vacancy  exists;  and  original  appointment  to  such 
position  shall  be  allowed  only  when  the  Commission 
shall  find  it  impracticable  to  fill  the  same  by  promotion. 

33 


2.  For  the  purposes  of  this  rule,  an  increase  in  the 
salary  or  other  compensation  of  any  person  holding  an 
office  or  position  within  the  scope  of  these  rules  beyond 
the  limit  fixed  for  the  grade  in  which  such  office  or 
position  is  classified,  shall  be  deemed  a  promotion. 

3.  Promotions  shall  be  based   upon  merit  and 
competition  and  upon  the  superior  qualifications  of  the 
person  promoted  as  shown  by  his  previous  service,  due 
weight  being  given  to  seniority. 

4.  To  be  eligible  to  enter  an  examination  for  or 
receive  such  promotion,  a  person  must  have  been  con- 
tinuously employed  for  a  period  of  at  least  six  months 
immediately  preceding  such  examination,  and  in  the 
Police  and  Fire  Departments  for  at  least  twelve  such 
months,  in  a  next  lower  position,  the  duties  of  which 
are  such  as  would  naturally  and  properly  tend  to  fit 
him  to  perform  the  duties  of  the  position  to  which  he 
seeks  promotion,  and  he  must  possess  all  of  the  pre- 
liminary requirements  prescribed  by  statute,  rule  or 
regulation  for  original  entrance  to  the  position  to  be 
filled.     The  Commission  may  admit  to  such  examina- 
tion for  promotion  persons  in  other  offices,  bureaus, 
departments  or  institutions  holding  positions  qualify- 
ing them  for  promotion  as  above  provided  for. 

5.  When  more  than  three  persons  are  eligible  for 
such  promotion,  a  competitive  examination  shall  be 
held,  notice  of  which  shall  be  posted  conspicuously  in 
the  office,  bureau,  department  or  institution  wherein 
the  promotion  is  to  be  made,  or  sent  to  those  eligible  to 
compete.     If  not  more  than  three  persons  are  eligible 
or  file  applications,  the  appointing  officer  may  nom- 
inate one  of  such  persons  for  such  promotion  and 
the  Commission  will  conduct  an  examination  of  such 
character  and  scope  as  it  shall  determine  to  be  for  the 
interests  and  efficiency  of  the  service. 

34 


6.  The  conduct  of  such  examinations  and  the 
preparation  of  such  eligible  lists  shall  be  subject  to  the 
general  provisions  of  Rules  15  and  17.  The  Com- 
mission shall  certify  from  eligible  lists  for  promotion 
in  the  same  manner  provided  for  in  Rule  20  for  certifi- 
cation for  original  appointment. 

RULE  30. 
Transfers. 

Transfers  from  one  office,  bureau,  department  or 
institution  to  another  may  be  made  with  the  approval 
of  the  Commission  and  upon  mutual  consent  of  the 
appointing  officers  whose  offices,  bureaus,  departments 
or  institutions  are  affected,  as  follows: 

1.  A  person  originally  appointed  from  an  eligible 
list,  who  has  served  for  six  months  in  any  position,  may 
be  transferred  to  a  similar  position  in  the  same  group 
and  grade,  or  to  a  similar  position  in  the  same  grade  in 
another  group,  or  to  a  position  in  a  lower  grade,  for 
original  entrance  to  which  there  is  not  required  an 
examination  involving  essential  tests  or  qualifications 
different    from    or    higher    than    those    required    for 
original  entrance  to  the  position  held  by  such  person. 

2.  A  person  holding  a  position  in  the  non-competi- 
tive class  or  the  labor  class  may  be  transferred  to  a 
similar  position  in  the  same  class. 

RULE  31. 
Reinstatement  in  Service. 

1.  Any  person  who  has  held  a  position  by  appoint- 
ment in  the  civil  service  and  who  has  been  separated 

35 


from  the  service  through  no  delinquency  or  miscon- 
duct on  his  part,  may,  with  the  approval  of  the 
Commission  and  within  one  year  from  the  date  of  such 
separation,  be  reinstated  without  re-examination  in  a 
vacant  position  in  the  same  group  and  grade,  and  in 
the  same  office,  bureau,  department  or  institution,  and 
for  original  entrance  to  which  there  is  not  required  by 
these  rules  an  examination  involving  essential  tests  or 
qualifications  different  from  or  higher  than  those  re- 
quired for  original  entrance  to  the  position  held  by 
such  person,  or  may  be  appointed  to  a  position  to 
which  he  was  eligible  for  transfer,  as  provided  for  in 
Rule  30. 

2.  A  person  who  has  served  continuously  for  at 
least  one  year  in  a  position  in  the  competitive  class 
and  who  has  been  separated  from  his  position  by 
appointment  to  a  position  in  the  exempt  class,  or  in 
the  unclassified  service,  and  who  has  served  continu- 
ously therein  from  the  date  of  such  separation,  may  be 
reinstated  without  re-examination  in  a  vacant  position 
in  the  competitive  class,  in  the  same  group  and  grade 
and  in  the  same  office,  bureau,  department  or  institu- 
tion, for  original  entrance  to  which  position  there  is 
not  required  by  these  rules  an  examination  involving 
essential  tests  or  qualifications  different  from  or  higher 
than  those  required  for  original  entrance  to  the  posi- 
tion formerly  held  by  such  person,  or  may  be  appointed 
to  a  position  in  the  same  group  and  grade  in  another 
office,  bureau,  department  or  institution  to  which  he 
was  eligible  for  transfer,  as  provided  in  Rule  30. 

3.  No  reinstatement  to  a  position  in  the  competi- 
tive class  shall  be  allowed  under  the  first  and  second 
paragraphs  of  this  rule,  unless  the  person  so  to  be 
reinstated  shall  have   acquired   his   former   position 
under   the  civil  service  rules  and  as  a  result  of  an 
examination. 

36 


RULE  32. 
Leave  of  Absence. 

A  person  holding  a  position  in  the  civil  service  of 
the  City  may  be  granted  a  leave  of  absence  for  a 
period  of  one  year;  and  no  person  shall  be  eligible  for 
reinstatement  after  the  expiration  of  such  period. 


RULE  33. 

Appointments  to  Positions  in  the  Non-Competitive 
Class. 

1.  An  appointing  officer  may  nominate  a  candi- 
date for  appointment  to  a  position  in  the  non-com- 
petitive class  and   such   appointment  shall   be  made 
only  after  such   non-competitive  examination  as  the 
Commission  shall  determine  to  be  appropriate  for  each 
such  position  so  to  be  filled  and  after  the  Commission 
shall    have    certified    the    person    so    nominated    as 
qualified  to  discharge  the  duties  of  such  position. 

2.  Such  examinations  shall  be  of  a  character  to 
determine : 

(a)  That  the  person  examined  is  within  the  limits 
of  age  prescribed  for  the  position  or  employment  to 
which  he  has  been  named ; 

(6)  That  he  is  properly  certified  as  free  from  any 
physical  defect  or  disease  which  would  be  likely  to  in- 
terfere with  the  proper  discharge  of  his  duties; 

(c)  That  his  character  is  such  as  to  qualify  him 
for  such  position  or  employment;  and 

37 


(d)  That  he  possesses  the  requisite  knowledge 
and  ability  and  experience  to  discharge  the  duties  of 
the  position. 

RULE  34. 
Appointments  to  Positions  in  the  Labor  Class. 

1.  The  Labor  Class  shall  be  divided  into  two 
divisions  known  as  Division  1  and  Division  2.     Divi- 
sion   1    shall    include    the    skilled    laborer    positions 
included  in  said  class  and  Division  2  shall  include  all 
unskilled  laborers. 

2.  Vacancies  in  the  labor  class  shall  be  filled  by 
appointment  from  lists  of  applicants  registered  by  the 
Commission.     Preference    in    employment    shall    be 
given  after  the  applicant  has  qualified  according  to 
date  of  application  and  registration.     There  shall  be 
separate  lists  of  applicants  for  different  kinds  of  labor 
or  employment,  and  the  Commission  may  establish 
separate    labor    lists    for    various    institutions    and 
departments.    Where  the  labor  service  of  any  depart- 
ment  or   institution   extends   to    separate  localities, 
the  Commission  may  provide  separate  registration 
lists  for  each  district  or  locality. 

3.  All  persons  seeking  employment  in  the  Labor 
Class  must  be  citizens  of  the  United  States  and  resi- 
dents for  one  year  last  past  of  the  City  of  Buffalo,  and 
shall   make  application  for  employment  upon  such 
blank  forms  as  the  Commission  may  prescribe  giving 
his  name,  age,  residence,  citizenship,  physical  condi- 
tion,   previous    occupation,    ability    to    labor,    skill, 
capacity  and  experience  in  the  trade  or  employment 
for  which  he  applies,  his  service  if  any,  as  soldier, 
sailor  or  marine  in  the  army  or  navy  of  the  United 

38 


States  during  the  late  civil  war,  with  the  date  of  dis- 
charge therefrom,  and  also  certificates  by  two  repu- 
table residents  of  Buffalo,  one  of  whom,  if  possible,  is  or 
shall  have  been  an  employer  of  the  applicant,  vouching 
for  his  character,  sobriety,  trustworthiness,  industry, 
skill  and  capacity  to  perform  the  duties  of  the  employ- 
ment which  he  seeks. 

The  restrictions  as  to  residence  and  citizenship 
may  be  waived  by  the  Commission  as  to  all  persons 
employed  as  unskilled  laborers  in  the  collection  and 
disposal  of  ashes  and  garbage  and  street  cleaning. 

4.  The  Commission  shall  require  an  applicant  for 
registration  for  the  labor  service  to  furnish  such  evi- 
dence or  pass  such  examination  as  it  deems  proper  with 
respect    to    his    age,    residence,    physical    condition, 
ability  to  labor,  skill,  capacity  and  experience  in  the 
trade  or  employment  for  which  he  applies. 

5.  Applicants  for  positions  in  Division  1  may  be 
subjected  to  such  practical  tests  of  their  knowledge 
and  experience  and  of  their  skill  and  capacity  in  the 
use  of  the  tools  of  their  trade,  as  the  Commission  may 
from  time  to  time  prescribe. 

6.  A  registration  shall  continue  in  force  for  the 
period  of  one  year  and  thereafter  and  until  such  time  as 
the  Commission  may  require  re-registration  as  to  an 
applicant's  ability  and  willingness  to  accept  employ- 
ment.    Such  re-registration  may  be  required  at  any 
time  after  the  expiration  of  one  year  from  the  date 
of  the  filing  of  the  application. 

Notice  of  such  required  re-registration  shall  be 
mailed  to  all  applicants  whose  names  appear  upon  the 
list  and  who  have  been  registered  for  a  period  of  one 

39 


year  or  more  at  the  places  of  residence  given  by  them 
in  their  respective  applications;  and  such  applicants 
may  re-register  during  the  period  of  time  prescribed 
therefor  by  the  Commission  as  stated  in  said  notice. 

If  an  applicant  shall  fail  to  so  re-register  within  the 
time  so  prescribed  his  name  shall  be  stricken  from  the 
list  without  further  notice. 

RULE  35. 

Preferences  Allowed  Honorably  Discharged 
Soldiers,  Sailors  and  Marines. 

In  every  public  department  and  upon  all  public 
works  of  the  City,  honorably  discharged  soldiers, 
sailors  and  marines  from  the  army  and  navy  of  the 
United  States  in  the  late  civil  war,  who  are  citizens 
and  residents  of  the  City,  shall  be  entitled  to  preference 
in  appointment  and  promotion,  without  regard  to 
their  standing  on  any  list  from  which  such  appoint- 
ment or  promotion  may  be  made,  to  all  competitive 
and  non-competitive  positions,  provided  their  qualifi- 
cations and  fitness  shall  have  been  ascertained  as 
provided  by  law  and  these  rules;  and  a  person  thus 
preferred  shall  not  be  disqualified  from  holding  any 
position  in  the  civil  service  on  account  of  his  age  or  by 
reason  of  any  physical  disability  provided  such  age  or 
disability  does  not  render  him  incompetent  to  perform 
the  duties  of  the  position  applied  for.  Whenever  any 
list  of  eligible  persons  shall  contain  the  names  of 
honorably  discharged  soldiers,  sailors  and  marines 
entitled  to  preference  as  aforesaid  any  reference  in 
these  rules  to  the  persons  standing  highest  on  such 
list  shall  be  deemed  to  indicate  those  standing  highest 
of  those  entitled  to  preference  by  the  provisions  of 
law,  and  such  persons  shall  be  given  preference  on 

40 


any  list  of  registered  applicants  for  employment  in  the 
labor  service,  in  accordance  with  the  dates  of  their 
several  applications  as  though  such  applications  had 
been  filed  prior  to  those  of  any  persons  on  such  lists 
not  entitled  to  the  preference  provided  by  this 
section. 

RULE  36. 
Efficiency  Records. 

To  enable  the  Commission  to  grade  applicants  for 
promotion,  and  to  rate  them  for  their  efficiency  in  any 
examination,  there  shall  be  kept  in  every  office, 
bureau,  department  or  institution,  continuous  and 
comparative  records  of  the  work,  conduct,  past  record 
and  efficiency  in  the  service  of  all  persons  employed 
therein,  and  the  Commission  may  prescribe  the  form 
of  such  efficiency  records  and  the  details  thereof. 
Copies  of  such  records  shall  be  filed  with  the 
Commission  upon  its  request;  and  if  the  same  have 
been  regularly  and  properly  kept  they  shall  constitute 
one  of  the  elements  in  such  promotional  or  other 
examination,  with  such  relative  weights  as  shall  be 
assigned  to  them  by  the  Commission.  If  such  records 
have  not  been  regularly  and  properly  kept  the  Com- 
mission may  adopt  such  methods  as  it  may  deem  best 
calculated  to  determine  the  relative  efficiency  of  the 
persons  to  be  examined. 

RULE  37. 
Reports  of  Appointing  Officers. 

For  the  purpose  of  enabling  the  Commission  to 
keep  the  official  roster  of  the  classified  service  as 
required  by  law,  and  to  certify  to  the  comptroller,  or 

41 


other  fiscal  officer,  for  the  payment  of  salaries,  each 
appointing  or  employing  officer,  and  the  head  of  every 
office,  bureau,  department  or  institution  shall,  forth- 
with upon  the  date  of  the  official  action  in  each  case, 
report  to  the  Commission  as  follows : 

(a)  Every  appointment  or  employment  in  any 
capacity  whatever,  whether  probationary,  permanent, 
temporary,  special  or  otherwise,  in  the  classified  ser- 
vice, and  the  name  of  such  appointee  or  employee,  the 
title  and  character  of  his  office  or  employment,  with 
the  date  of  the  commencement  of  the  service  and  the 
salary  or  compensation  thereof. 

(6)  Every  failure  to  accept  an  appointment  under 
him  by  a  person  entitled  thereto,  with  copies  of  the 
offer  or  notice  of  appointment  and  the  reply  thereto, 
if  any. 

(c)  Every  discharge  during  or  at  the  end  of  a 
probationary  term,  with  the  date  thereof. 

(d)  Every  vacancy  in  a  position,  whether  caused 
by   dismissal,    resignation   or  death,   with   the   date 
thereof. 

(e)  Every  position  abolished,  with  the  date  of 
such  abolition. 

(/)  Every  change  of  compensation  in  a  position, 
with  the  date  thereof. 

(g)  Every  promotion,  giving  positions  from  which 
and  to  which  made,  with  the  salaries  and  date  thereof. 

(Ji)  Every  transfer,  giving  the  positions  from 
which  and  to  which  made,  with  the  date  and  salaries 
thereof. 

42 


(*)     Every  reinstatement  in  a  position,  with  the 
date  and  salary  thereof. 

0)     Every  leave  of  absence  and  the  date  when 
same  was  granted  and  the  length  thereof. 


RULE  38. 
The  Official  Roster. 

The  Commission  shall  keep  in  its  office  an  official 
roster  of  the  classified  service,  and  shall  enter  thereon 
the  name  of  each  and  every  person  who  has  been 
appointed  to,  employed,  promoted  or  reinstated  in  any 
position  in  such  service  upon  such  evidence  as  it  may 
require  or  deem  satisfactory  that  such  person  was 
appointed  to,  or  employed,  promoted  or  reinstated  in 
the  service  in  conformity  with  the  provisions  of  law 
and  of  these  rules.  The  official  roster  shall  show 
opposite,  or  in  connection  with  each  name,  the  date  of 
appointment,  employment,  promotion  or  reinstate- 
ment, and  the  compensation  of  the  position,  date  of 
commencement  of  service,  and  the  date  of  transfer  in 
or  separation  from  the  service  by  dismissal,  resignation, 
cancellation  of  appointment,  or  death. 

RULE  39. 
Certificate  Before  Payment  for  Services. 

1.  It  shall  be  unlawful  for  the  comptroller  or 
other  fiscal  officer  to  draw,  sign  or  issue,  or  authorize 
the  drawing,  signing  or  issuing  of  any  warrant  on  the 
treasurer  or  other  disbursing  officer  of  the  City  for  the 
payment  of,  or  for  the  treasurer  or  other  disbursing 
officer  of  the  City,  to  pay  any  salary  or  compensation 

43 


to  any  officer,  clerk  or  other  person  in  the  classified 
service,  unless  an  estimate,  payroll  or  account  for  such 
salary  or  compensation,  containing  the  names  of  the 
persons  to  be  paid,  shall  bear  the  certificate  of  the 
Commission,  that  the  persons  named  in  such  estimate, 
payroll  or  account  have  been  appointed  or  employed 
or  promoted  in  pursuance  of  law  and  of  the  rules  made 
in  pursuance  of  law. 

2.  If  the  Commission  shall  find  that  any  person 
has  been  transferred,  assigned  to  perform  duties  or 
reinstated  in  violation  of  any  provision  of  the  civil 
service  law  or  of  these  rules  adopted  thereunder,  it 
shall  so  notify  the  comptroller  or  other  fiscal  officer 
and  thereafter  such  officer  shall  not  draw,  sign  or 
issue  or  authorize  the  drawing,  signing  or  issuing  of 
any  warrant  on  the  treasurer  or  other  disbursing 
officer  for  the  payment  of  salary  or  compensation  to 
any  such  person. 

RULE  40. 
Payrolls,  Estimates  and  Accounts. 

Appointing  officers  and  heads  of  offices,  bureaus, 
departments  or  institutions  shall  furnish  the  Com- 
mission with  payrolls,  estimates,  accounts  and  certifi- 
cates in  form  and  manner  as  follows : 

1.  Heads  of  offices,  bureaus,  departments  and 
institutions,  whose  employees  are  paid  individually 
direct  from  the  treasury  of  the  City,  shall  furnish  the 
Commission,  at  least  five  days  before  payment  is  to  be 
made,  a  payroll  showing  the  names  of  the  persons  to 
be  paid,  the  title  of  the  position  held  or  kind  of  service 
performed  by  each  person,  the  rate  and  amount  of 
compensation  to  which  he  is  entitled,  and  the  period 

44 


for  which  he  is  to  be  paid,  and  shall  certify  that  the 
persons  named  therein  are  employed  solely  in  the 
proper  duties  of  the  positions  and  employments 
indicated,  and  that  the  persons  described  as  or 
proposed  to  be  paid  as  "laborers"  are  employed  at 
ordinary  unskilled  labor  only. 

2.  After  examination   and   certification   by   the 
Commission  as  herein  prescribed,  such  payrolls  shall 
be  transmitted  by  it  to  the  comptroller  or  fiscal  officer 
for  further  examination  and  payment  as  required  by 
law. 

3.  Heads  of  offices,  bureaus,  departments  or  insti- 
tutions whose  employees  are  paid  directly  by   the 
department  without  previous  detailed  estimate  to  the 
comptroller,    shall    furnish    the    Commission,    before 
payment  is  made,  the   payrolls   and   certificates  as 
required  in  section  one  hereof,  and  disbursing  officers 
of  such  offices,  bureaus,  departments  and  institutions 
shall  not  pay  such  persons  until  the  Commission  shall 
certify  to  the  same  as  herein  prescribed. 

4.  Such    estimates,    payrolls    or    accounts    for 
services  shall  be  compared  with  the  official  roster  and 
the  Commission  shall  attach  thereto  or  place  thereon 
a  certificate  "that  the  persons  named  in  such  estimate, 
payroll  or  account  for  services  rendered  to  the  City  of 

Buffalo,  containing names,  have  been  appointed 

or  employed  or  promoted  in  pursuance  of  law  and  the 
rules  made  in  pursuance  of  law,  except  the  persons 
through  whose  names  a  red  line  is  drawn." 


45 


SCHEDULES. 

The  following  is  a  list  of  the  offices  and  positions  in 
the  civil  service  of  the  City  included  in  the  Exempt 
Class,  the  Non-Competitive  Class  and  the  Labor 
Class. 

EXEMPT  CLASS— SCHEDULE  "A" 

Department  of  Public  Safety 

Mayor's  office     -     -     -  Secretary 
Police  Department  -     -  Clerk 
Fire  Department     -     -  Secretary 
Health  Department     -  Secretary 

Assistant  Health  Commis- 
sioner 
Secretary  to  Asst.   Health 

Commissioner 
Buffalo  City  Hospital  -  Secretary 

Department  of  Finance  and  Accounts 

Commissioner's  Office  -  Deputy    Commissioner    of 

Finance  and  Accounts 
Secretary  and  Stenographer 
Comptroller's  Office      -  Deputy  Comptroller 
Treasurer's  Office    -     -  Deputy  Treasurer 

Department  of  Public  Affairs 

Commissioner's  Office  -  Secretary 
Board  of  Education  -  Secretary 
Department  of  Public 

Instruction     -     -  Secretary  to  Superintendent 

and  Superintendent  of 

German 

Department  of  Poor    -  Deputy  Overseer  of  Poor 
Bureau  of  Playgrounds-  Secretary 

46 


Department  of  Public  Works 

Commissioner's  Office  -  Secretary 
Bureau  of  Engineering  -  Secretary 
Bureau  of  Streets  -  -  Secretary 
Bureau  of  Water  -  -  Secretary  and  Registrar 

Department  of  Parks  and  Public  Buildings 

Commissioner's  Office -Deputy    Commissioner    of 

Parks  and  Public  Build- 
ings 

Secretary 

Division  of  Parks  -     -  Secretary  and  Treasurer 
Bureau  of  Building    -  Secretary 

Miscellaneous  Departments 

City  Clerk's  Office  -    -  Deputy  City  Clerk 

Secretary  and  Stenographer 
City  Court       -     -        Chief  Clerk 

Deputy  Clerk 
Confidential  Clerk  and 

Stenographer  (6) 
Children's  Court  -     -  Clerk 

Secretary  and  Stenographer 
Civil  Service  Com- 
mission     -     -     -  Secretary 
Grade  Crossing  Com- 
mission     -     -     -  Chief  Engineer 
G.  A.  R.  Relief  Com- 
mittee -     -     -     -  Inspector 
Law  Department  -     -  City  Attorney 

Confidential  Clerk  and 
Secretary 

47 


School  Census  Board  -  Secretary 
Spanish  War  Veterans' 

Relief  Committee  -I nspector 
Terminal  Station 

Commission  -     -  Chief  Engineer 
Attorney 
Secretary 


NON-COMPETITIVE  CLASS— SCHEDULE  "C" 

Department  of  Public  Safety 

Police  Department     -  Photographer 

J an  i  tresses 

Laborers 

Watchmen 

Fire  Department  -     -  Janitresses 
Health  Department  -  Assistant    Medical    School 

Examiners 

Scavengers 

Fumigators 

Placarders 

Keepers  of  Bath  Houses 

Assistant  Keepers  of  Bath 
Houses 

Matrons  of  Bath  Houses 
Hospital  Service  -     -  Internes 

Supervising  Nurses 

Nurses 

Dietitians 

Clerks 

Bookkeepers 

Stenographers 

Housekeepers 

Cooks 

Assistant  Cooks 

48 


Chefs 

Chief  Cooks 

Kitchen  Helpers 

Dishwashers 

Waitresses 

Maids 

Laundrymen 

Laundresses 

Storekeepers 

Butchers 

Bakers 

Watchmen 

Laborers 

Farm  Managers 

Gardeners 

Janitors 

Assistant  Janitors 

Seamstresses 

Teamsters 

Chauffeurs 

Assistant  Chauffeurs 

Engineers 

Firemen 


Department  of  Public  Affairs 

Department  of  Pub- 
lic Instruction     -  Assistant  Executive  of 

School  Lunches 
Cooks 
Assistant  Cooks 

Department  of  Poor  -  Superintendent   of   Vacant 

Lot  Cultivation 
Janitress 

Bureau  of  Playgrounds-Caretakers 

Assistant  Caretakers 

49 


Department  of  Public  Works 

Commissioner's  Office  -  Cashier  and  Paymaster 

Bureau  of  Engineering- Assistant  Foremen 

Keeper  of  Sewer  Outlets 

Bureau  of  Streets  -     -  Assistant  Foremen 
Bureau  of  Water  -     -  Assistant  Foremen 


Department  of  Parks  and  Public  Buildings 

Bureau  of  Building    -  Assistant  Foremen 

Division  of  Parks  -     -  Superintendent 

Assistant  Superintendent 

Botanical  Director 

Auditor  and  Paymaster 

Curator 

Forester 

Assistant  Foremen 

Florists 

Keepers 

Gardeners 

Treemen 

Attendants 

Teamsters 

Musicians 


Miscellaneous  Departments 

City  Court-     -     -     -  Syrian  Interpreter 

Children's  Court, 

Detention  Home  -  Housekeeper-Cook 
Janitors 
Maids 
Helpers 

50 


Examining  Board  of 

Plumbers  -     -     -  Clerk 

Harbor  Master's  De- 
partment -     -     -  Bridge  Tenders 

Market  Department  -  Caretakers 
Sweepers 


LABOR  CLASS— SCHEDULE  "D" 

Division  1 — Skilled  Labor 
All  Departments 

Automobile  Repairmen,  Blacksmiths,  Blacksmiths' 
Helpers,  Boilermakers,  Boilermakers'  Helpers,  Brick- 
layers, Carpenters,  Carpenters'  Helpers,  Calkers, 
Crane  Operators,  Electricians,  Electricians'  Helpers, 
Elevator  Operators,  Engine  Repairmen,  Furnacemen, 
Furnace  Repairmen,  Harnessmakers,  Horseshoers, 
Hydrantmen,  Iron  Workers,  Machinists,  Machinists' 
Helpers,  Masons,  Masons'  Helpers,  Meter  Repairers, 
Meter  Testers,  Oilers,  Painters,  Bridge  Painters, 
Pavers,  Plumbers,  Plumbers'  Helpers,  Repairers, 
Servicemen,  Steamfitters,  Steamfitters'  Helpers,  Tap- 
pers, Tappers'  Helpers,  Wagonmakers,  Weighmasters, 
Wheelwrights,  Winch  Operators,  Wipers,  Wood- 
workers. 

Division  2 — Unskilled  Laborers 
All  Departments 

Assorters,  Boiler  Cleaners,  Bottle  Boys,  Char- 
women, Drivers,  Gatemen,  Janitresses,  Laborers, 
Porters,  Stablemen,  Tape  Boys,  Teamsters,  Wagon 
Greasers. 

Department  of  Public  Instruction  -  Janitors  ($500 

or  less  per  year). 
51 


CONSTITUTIONAL  PROVISION 

Appointments  and  promotions  in  the  civil  service 
of  the  State,  and  of  all  the  civil  divisions  thereof, 
including  cities  and  villages,  shall  be  made  according 
to  merit  and  fitness  to  be  ascertained,  so  far  as  practi- 
cable, by  examinations,  which,  so  far  as  practicable 
shall  be  competitive.  (From  Article  V,  Section  9, 
N.  Y.  State  Constitution.) 


52 


CIVIL  SERVICE  LAW 


Chapter  15,  Laws  of  1909 


AN  ACT  in  relation  to  the  civil  service  of  the  State  of  New  York 
and  the  civil  divisions  and  cities  thereof,  constituting  chapter 
seven  of  the  consolidated  laws. 

CHAPTER  SEVEN  OF  THE  CONSOLIDATED  LAWS 
CIVIL  SERVICE  LAW 

Article  1.     Short  title;  definitions  (§§  1,  2). 

2.  General  provisions  (§§  3-29). 

3.  Classification  of  state  employees  (§§  40-45). 

4.  Laws  repealed;  when  to  take  effect  (§§  60,  61). 

ARTICLE  1 
Short  Title;  Definitions 

Section  1.     Short  title. 
2.     Definitions. 

§  1.     Short  title. — This  chapter  shall  be  known  as  the  "Civil 
Service  Law." 

§  2.     Definitions. — When  used  in  this  chapter, 

1.  The  term  "commission"  or  "state  commission"  means 
the  state  civil  service  commission. 

2.  The  term  "municipal  commission"  means  the  municipal 
civil  service  commission  of  a  city. 

3.  The  "civil  service"  of  the  state  of  New  York  or  any 
of  its  civil  divisions  or  cities  includes  all  offices  and  positions  of 
trust  or  employment  in  the  service  of  the  state  or  of  such  civil 
division  or  city,  except  such  offices  and  positions  in  the  militia  and 
the  military  departments  as  are  or  may  be  created  under  the 
provisions  of  article  eleven  of  the  constitution. 

4.  The  "state  service"  shall  include  all   such  offices  and 
positions   in   the   service   of   the   state   or   of   any  of  its  civil 
divisions  except  a  city. 

5.  The  "city  service"  shall  include  such  positions  in  the 
service  of  any  city.  ' 

6.  The    term    "appointing    officer"    signifies    the    officer, 
commission,  board  or  body  having  the  power  of  appointment 
to    subordinate    positions    in    any    office,    court,    department, 
commission,  board  or  institution. 

53 


ARTICLE  2 
General  Provisions 

Section    3.  State  civil  service  commission. 

4.  Officers  and  employees  of  the  commission. 

5.  Rooms  and  accommodations. 

6.  The  powers  and  duties  of  the  commission. 

7.  Attendance  of  witnesses;  fees. 

8.  Duties  of  public  officers. 

9.  Unclassified  service;  classified  service. 

10.  Rules  for  the  classified  state  service. 

11.  The  classified  city  service. 

12.  Classification. 

13.  The  exempt  class. 

14.  The  competitive  class. 

15.  Exceptions  from  competitive  examination. 

16.  Promotion;  transfer;  reinstatement;  reduction. 

17.  The  non-competitive  class. 

18.  The  labor  class  in  cities. 

19.  Official  roster;  reports  of  appointing  officers. 

20.  Disbursing  officers. 

.  21.     Preferences  allowed  honorably  discharged  soldiers, 
sailors  and  marines. 

22.  Power  of  removal  limited. 

23.  Compensation  of  veterans  reinstated  by  order  of  the 

courts. 

24.  Misdemeanor  to  obstruct  right  of  examination ;  false 

representation;  impersonation  iri  examination. 

25.  Recommendations  for  appointment  or  promotion. 

26.  Political  assessments  prohibited. 

27.  Officers   or   candidates   not   to   promise   influence; 

"public  officer"  and  "public  employee"  denned. 

28.  Taxpayer's  action. 

29.  Publication  of  examination  pamphlet  and  civil  list. 

(Added  by  chap.  590,  Laws  of  1910.) 

§  3.  State  civil  service  commission. — The  governor  is 
authorized  to  appoint,  by  and  with  the  advice  and  consent  of  the 
senate,  three  persons,  not  more  than  two  of  whom  shall  be  ad- 
herents of  the  same  political  party,  as  civil  service  commissioners 
and  said  three  commissioners  shall  constitute  the  state  civil 
service  commission.  They  shall  hold  no  other  political  place 
under  the  state  of  New  York.  On  or  before  the  first  day  of  May 
in  the  year  one  thousand  nine  hundred  and  thirteen  the  governor 

54 


shall  designate  one  member  of  the  present  state  civil  service  com- 
mission to  serve  as  a  member  of  the  commission  until  the  first  day 
of  February,  one  thousand  nine  hundred  and  fifteen;  one  until 
the  first  day  of  February,  one  thousand  nine  hundred  and 
seventeen;  and  one  until  the  first  day  of  February,  one  thousand 
nine  hundred  and  nineteen.  Upon  the  expiration  of  each  of 
said  terms,  the  term  of  office  of  each  commissioner  hereafter 
appointed  shall  be  six  years  from  the  first  day  of  February  of  the 
year  in  which  he  shall  be  appointed.  Vacancies  shall  be  filled 
by  appointment  of  the  governor  for  the  unexpired  term.  Each 
of  the  three  commissioners  shall  receive  a  salary  of  five  thousand 
dollars  a  year,  and  each  of  said  commissioners  shall  be  paid  his 
necessary  expenses  incurred  in  the  discharge  of  his  duties  as  a 
commissioner.  (As  amended  by  chap.  352,  Laws  of  1913.) 

§  4.  Officers  and  employees  of  the  commission. — The  com- 
mission shall  elect  one  of  its  members  to  be  president,  and  may 
employ  a  chief  examiner,  a  secretary,  and  such  other  officers, 
clerks  and  examiners  as  it  may  deem  necessary  or  proper  to  carry 
out  the  purposes  of  this  chapter,  and  such  employees  shall  hold 
office  during  the  pleasure  of  the  commission.  The  chief  examiner 
shall  be  entitled  to  receive  a  salary  at  the  rate  of  three  thousand 
six  hundred  dollars  a  year,  and  he  shall  be  paid  his  necessary 
traveling  expenses  incurred  in  the  discharge  of  his  duty.  The 
secretary,  and  other  officers,  clerks  and  examiners  shall  receive 
salaries  to  be  fixed  by  the  commission,  and  the  secretary  shall  also 
be  paid  his  necessary  traveling  expenses  incurred  in  the  discharge 
of  his  duty.  The  commission  may  select  suitable  persons  in  the 
official  service  of  the  state  or  any  of  its  civil  divisions,  after  con- 
sulting the  head  of  the  department  or  office  in  which  such  persons 
serve,  to  act  as  examiners  under  its  direction.  Persons  so  selected 
shall  be  entitled  to  compensation  from  the  commission  for  their 
necessary  expenses  occasioned  by  the  service  actually  rendered, 
in  addition  to  the  regular  service  required  in  the  department  or 
office  where  they  are  regularly  employed.  The  compensation  of 
examiners  shall  not  exceed  five  dollars  per  day,  except  in  case  of 
special  and  expert  examiners  employed  in  the  preparation  of 
questions  and  rating  of  candidates;  the  commission  shall  not 
expend  or  authorize  the  expenditure  of  moneys  for  any  purpose  in 
excess  of  the  sums  appropriated  therefor  by  law.  (As  amended 
by  chap  352,  Laws  of  1913.) 

§  5.  Rooms  and  accommodations. — It  shall  be  the  duty  of 
the  trustees  of  public  buildings  to  cause  suitable  and  convenient 
rooms  and  accommodations  to  be  assigned  or  provided,  and  to  be 

55 


furnished,  heated  and  lighted,  at  the  capitol  in  the  city  of  Albany, 
for  carrying  on  the  work  and  examinations  of  said  commission, 
and  said  commission  may  order  the  necessary  stationery,  postage 
stamps,  and  official  seal  and  other  articles  to  be  supplied,  and  the 
necessary  printing  to  be  done  for  its  official  use.  It  shall  be  the 
duty  of  the  officers  of  the  state  of  New  York  or  of  any  civil  division 
thereof,  at  any  place  where  examinations  are  directed  by  the  com- 
mission or  its  rules  to  be  held  to  allow  the  reasonable  use  cf  public 
buildings,  and  to  heat  and  light  the  same  for  holding  such  exami- 
nations, and  in  all  proper  ways  to  facilitate  the  same. 

§  6.  The  powers  and  duties  of  the  commission. — The  state 
civil  service  commission  shall 

1.  Prescribe,  amend  and  enforce  suitable  rules  and  regulations 
for  carrying  into  effect  the  provisions  of  this  chapter  and  of  section 
nine  of  article  five  of  the  constitution  of  the  state  of  New  York,  as 
herein  provided.  The  rules  prescribed  by  the  state  and  municipal 
commissions  pursuant  to  the  provisions  of  this  chapter  shall  have 
the  force  and  effect  of  law. 

2.  Keep  minutes  of  its  own  proceedings  and  records  of  its 
examinations  and  other  official  action. 

3.  Make    investigations    concerning   and  report    upon    all 
matters  touching  the  enforcement  and  effect  of  the  provisions  of 
this  chapter  and  the  rules  and  regulations  prescribed  thereunder, 
concerning  the  action  of  any  examiner  or  subordinate  of  the 
commission  and  any  person  in  the  public  service,  in  respect  to  the 
execution  of  this  chapter,  and  in  the  course  of  such  investigations 
each  commissioner  and  the  secretary  and  the  chief  examiner  shall 
have  power  to  administer  oaths. 

4.  Have  power  to  subpoena  and  require  the  attendance  in 
this  state  of  witnesses  and  the  production  thereby  of  books  and 
papers    pertinent    to    the    investigation    and    inquiries    hereby 
authorized  and  to  examine  them  and  such  public  records  as  it 
shall  require  in  relation  to  any  matter  which  it  is  required  to 
investigate.     And  for  the  purposes  of  the  examination  hereby 
directed,  the  commission  possesses  all  the  powers  conferred  by  the 
legislative  law  upon  a  committee  of  the  legislature  or  by  the  code 
of  civil  procedure  upon  a  board  or  committee,  and  may  invoke 
the  power  of  any  court  of  record  in  the  state  to  compel  the 
attendance  and  testifying  of  witnesses  and  the  production  thereby 
of  books  and  papers  as  aforesaid. 

56 


o.  Make  an  annual  report  to  the  governor  for  transmission 
to  the  legislature,  showing  its  own  action,  the  rules  and  regulations 
and  the  exceptions  thereto  in  force,  and  the  practical  effects 
thereof  and  any  suggestions  it  may  approve  for  the  more 
effectual  accomplishment  of  the  purposes  of  this  chapter. 

6.  Meet  in  Albany  at  least  once  in  each  calendar  month, 
except  the  month  of  August,  and  hold  such  other  meetings  as  the 
needs  of  the  public  service  may  require.  A  majority  of  the 
members  of  the  commission  shall  constitute  a  quorum. 

§  7.  Attendance  of  witnesses;  fees. — Witnesses  and  officers 
to  subpoena  and  secure  the  attendance  of  witnesses  before  said 
commission,  shall  be  entitled  to  the  same  fees  as  are  allowed 
witnesses  in  civil  cases  in  courts  of  record.  Such  fees  need  not  be 
prepaid,  but  the  comptroller  shall  draw  his  warrant  for  the 
payment  of  the  amount  thereof,  when  the  same  shall  have  been 
certified  to  by  the  president  of  the  commission,  and  duly  proved 
by  affidavit  or  otherwise  to  the  satisfaction  of  the  said  comptroller; 
and  all  state,  county,  town,  municipal  and  other  officers  and  their 
deputies,  clerks,  subordinates  and  employees  shall  afford  the  said 
board  all  reasonable  facilities  in  conducting  the  inquiries  specified 
in  this  chapter,  and  give  inspection  to  said  board  of  all. books, 
papers  and  documents  belonging,  or  in  any  way  appertaining  to 
the  respective  offices,  and  shall  also  produce  said  books  and  papers, 
and  shall  attend  and  testify  when  required  to  do  so  by  said 
commission. 

§  8.  Duties  of  public  officers.— It  shall  be  the  duty  of  all 
officers  of  the  state  of  New  York  or  of  any  civil  division  or  city 
thereof  to  conform  to  and  comply  with  and  to  aid  in  all  proper 
ways  in  carrying  into  effect  the  provisions  of  this  chapter,  and 
the  rules  and  regulations  prescribed  thereunder  and  any  modi- 
fication thereof.  No  officer  or  officers  having  the  power  of 
appointment  or  employment  shall  select  or  appoint  any  person 
for  appointment,  employment,  promotion  or  reinstatement  except 
in  accordance  with  the  provisions  of  this  chapter  and  the  rules 
and  regulations  prescribed  thereunder.  Any  person  employed  or 
appointed  contrary  to  the  provisions  of  this  chapter  or  of  the 
rules  and  regulations  established  thereunder,  shall  be  paid  by  the 
officer  or  officers  so  employing  or  appointing,  or  attempting  to 
employ  or  appoint  him,  the  compensation  agreed  upon  for  any 
services  performed  under  such  appointment  or  employment,  or 
in  case  no  compensation  is  agreed  upon,  the  actual  value  of  such 
services,  and  any  expenses  incurred  in  connection  therewith,  and 

57 


shall  have  a  cause  of  action  against  such  officer  or  officers  or  any 
of  them  for  such  sum  or  sums  and  for  the  costs  of  the  action.  No 
public  officer  shall  be  reimbursed  by  the  state  or  any  of  its  civil 
divisions  for  any  sums  so  paid  or  recovered  in  any  such  action. 

§  9.  Unclassified  service;  classified  service. — The  civil 
service  of  the  state  and  of  each  of  its  civil  divisions  and  cities  shall 
be  divided  into  the  unclassified  service  and  the  classified  service. 
The  unclassified  service  shall  comprise  all  elective  offices,  all 
offices  filled  by  election  or  appointment  by  the  legislature  on 
joint  ballot;  all  persons  appointed  by  name  in  any  statute;  all 
legislative  officers  and  employees,  all  offices  filled  by  appointment 
by  the  governor,  either  upon  or  without  confirmation  by  the 
senate,  except  officers  and  employees  in  the  executive  offices;  all 
election  officers,  the  head  or  heads  of  any  department  of  the 
government,  and  persons  employed  in  or  who  seek  to  enter  the 
public  service  as  superintendents,  principals,  or  teachers  in  a 
public  school  or  academy  or  in  a  state  normal  school  or  college. 
The  classified  service  shall  comprise  all  positions  not  included  in 
the  unclassified  service.  All  appointments  or  employments  in  the 
classified  service,  except  those  of  veterans  of  the  civil  war,  honor- 
ably discharged  from  the  military  or  naval  service  of  the  United 
States,  shall  be  for  a  probationary  term  not  exceeding  the  time 
fixed  in  the  rules. 

§  10.  Rules  for  the  classified  state  service. — The  commis- 
sion shall  from  time  to  time  make  rules  for  the  classification  of  the 
offices,  places  and  employments  in  the  classified  service  of  the 
state,  and  from  time  to  time  rules  for  the  classification  of  the  offices, 
places  and  employments  in  such  civil  divisions  thereof,  except 
cities,  as  after  due  inquiry  by  the  commission  shall  be  found 
practicable,  and  for  appointments  and  promotions  therein  and 
examinations  therefor,  not  inconsistent  with  the  constitution  and 
the  provisions  of  this  chapter,  and  shall  amend  the  same  from 
time  to  time.  No  examination  or  registration  shall  be  required 
of  persons  to  be  employed  as  laborers  in  the  state  service.  Such 
rules  and  any  modifications  thereof,  shall  take  effect  when 
approved  by  the  governor.  Due  notice  of  the  contents  of  such 
rules,  and  of  any  modifications  thereof,  shall  be  given  by  mail 
to  appointing  officers  and  heads  of  departments  affected  thereby, 
and  such  rules  shall  be  printed  for  public  distribution.  Subject 
to  the  provisions  of  this  chapter  and  of  the  rules  established 
thereunder,  the  commission  shall  make  regulations  for  and  have 
control  of  examinations  for  the  service  of  the  state  and  the  civil 
divisions  thereof,  except  cities,  and  shall  supervise  and  preserve 

58 


the  records  of  the  same,  but  such  examinations  shall  be  held  at 
least  once  a  year  in  each  of  the  following  places:  Albany, 
Amsterdam,  Auburn,  Binghamton,  Buffalo,  Dunkirk,  Elmira, 
Geneva,  Hornell,  Ithaca,  Jamestown,  Johnstown,  Kingston, 
Lockport,  Malone,  Middletown,  Newburgh,  New  York,  Ogdens- 
burg,  Olean,  Oneonta,  Oswego,  Plattsburg,  Poughkeepsie, 
Rochester,  Saratoga,  Syracuse,  Utica  and  VVatertown;  and  shall 
cover  in  each  place  all  offices  and  positions  for  which  competitive 
examinations  are  required,  .except  such  examinations  as  require 
special  tools,  machinery,  appliances  or  laboratory  facilities. 

§  11.  The  classified  city  service. — The  mayor  of  each  city 
in  this  state  shall  appoint  and  employ  suitable  persons  to  pre- 
scribe, amend  and  enforce  rules  for  the  classification  of  the  offices, 
places  and  employments  in  the  classified  service  of  such  city, 
and  for  appointments  and  promotions  therein  and  examinations 
therefor;  and  for  the  registration  and  selection  of  laborers  for 
employment  therein,  not  inconsistent  with  the  constitution  and 
the  provisions  of  this  chapter,  and  shall  amend  the  same  from 
time  to  time.  Such  persons  shall  be  municipal  civil  service 
commissioners  and  shall  constitute  the  municipal  civil  service 
commission  of  such  city.  All  appointments  or  designations  of 
municipal  civil  service  commissioners  shall  be  made  in  such  man- 
ner that  not  more  than  two-thirds  of  such  commissioners  in  any 
city  shall  at  any  time  be  adherents  of  the  same  political  party. 
Such  rules  herein  prescribed  and  established,  and  all  regulations 
now  existing  for  appointment  and  promotion  in  the  civil  service 
of  said  city,  and  any  subsequent  modification  thereof,  whether 
prescribed  under  the  authority  of  a  general  law  or  of  any  special 
or  local  law,  shall  be  valid  and  take  or  continue  in  effect  only  upon 
the  approval  of  the  mayor  of  the  city  and  of  the  state  civil  service 
commission.  The  authority  by  this  section  conferred  shall  not 
be  so  exercised  as  to  take  from  any  policeman  or  fireman  any  right 
or  benefit  conferred  by  law,  or  existing  under  any  lawful  regula- 
tion of  the  department  in  which  he  serves.  All  examinations 
herein  authorized  shall  be  public,  and  all  rules  shall  be  published, 
and,  with  all  the  proceedings  and  papers  connected  with  said 
examinations,  shall  be  at  all  times  subject  to  the  inspection  of 
said  state  commission  and  its  agents;  and  said  commission  shall 
set  forth  irr  its  report  the  character  and  practical  effects  of  such 
examinations,  together  with  its  views  as  to  the  improvement  and 
extension  of  the  same,  and  also  copies  of  all  rules  made  under 
the  authority  hereby  conferred.  Subject  to  the  provisions  of 
this  chapter  and  of  said  rules,  the  municipal  commission  of  any 
city  shall  make  regulations  for  and  have  control  of  examinations 

59 


and  registrations  for  the  service  of  such  city,  and  shall  supervise 
and  preserve  the  records  of  the  same.  In  case  for  any  reason v 
the  mayor  of  any  city  within  sixty  days  after  he  has  the  power  to 
appoint,  fails  to  appoint  such  municipal  commissioners,  the  state 
commission  shall  appoint  them  to  hold  office  until  the  expiration 
of  the  term  of  the  mayor  then  in  office  and  until  their  successors 
are  appointed  and  qualify.  It  shall  be  the  duty  of  such  persons 
to  prepare  and  to  procure  the  approval  of  the  rules  herein  provided 
for,  and,  if  they  fail  to  do  so  within  sixty  days  after  their  appoint- 
ment, the  state  commission  shall  forthwith  make  said  rules.  It 
shall  be  the  duty  of  such  persons  to  make  reports  from  time  to 
time  to  the  state  commission,  whenever  said  commission  may 
request,  of  the  manner  in  which  this  law,  and  the  rules  and 
regulations  thereunder,  have  been  and  are  administered,  and  the 
results  of  their  administration  in  such  city,  and  of  such  other 
matters  as  said  commission  may  require,  and  annually  on  or 
before  the  fifteenth  day  of  January,  to  make  such  a  report  to 
said  commission;  and  it  shall  be  the  duty  of  said  state  commission 
in  its  annual  report  to  set  out  either  these  reports,  or  a  sufficient 
abstract  or  summary  thereof,  to  give  full  and  clear  information 
as  to  their  contents.  A  copy  of  the  roster  of  the  classified  civil 
service  of  such  city  shall  be  transmitted  to  the  state  commission 
with  the  annual  report  aforesaid,  and  shall  be  filed  in  the  office  ot 
said  commission  as  a  public  record.  The  municipal  commission 
of  each  city,  for  the  purpose  of  investigating  the  enforcement  and 
effect  of  the  civil  service  law  and  the  rules  and  regulations 
prescribed  thereunder  in  the  service  of  such  city,  shall  have 
the  same  powers  that  are  granted  to  the  state  commission  by 
the  third  and  fourth  subdivisions  of  section  six  of  this  act.  The 
mayor  may  at  any  time  remove  any  municipal  civil  service  com- 
missioner appointed  by  him.  Said  state  commission  may  also, 
by  unanimous  vote  of  the  three  commissioners,  with  the  written 
approval  of  the  governor,  remove  any  municipal  civil  service 
commissioner  appointed  or  employed  under  the  authority  of  this 
section,  for  incompetency,  inefficiency,  neglect  of  duty  or  violation 
of  the  provisions  of  this  chapter,  or  of  the  rules  and  regulations 
in  force  thereunder,  or  of  any  of  them,  specifying  in  writing  the 
particulars  of  the  incompetency,  inefficiency,  neglect  of  duty  or 
violation  charged,  and  filing  the  same  as  a  public  document  in  the 
office  of  the  city  clerk,  or  if  there  be  no  city  clerk,  in  the  office  of 
the  clerk  of  the  board  of  aldermen,  and  a  certified  transcript 
thereof  in  the  office  of  the  state  civil  service  commission,  first 
giving  such  commissioner  an  opportunity  to  make  a  personal 
explanation  in  self-defense.  Whenever  a  municipal  civil  service 
commissioner  has  been  removed  by  the  unanimous  vote  of  the 

60 


three  state  commissioners,  with  the  written  approval  of  the 
governor,  or  whenever  any  municipal  commissioner  shall  resign  or 
be  removed  by  the  mayor  pending  an  investigation  by  the  state 
commission  of  the  administration  of  the  civil  service  of  the  city  in 
which  such  person  is  a  municipal  commissioner,  or  whenever  any 
municipal  commissioner  shall  resign  or  be  removed  by  the  mayor 
pending  a  hearing  by  the  state  commission  of  charges  preferred 
against  such  municipal  commissioner,  the  state  commission  and 
not  the  mayor  of  such  city  shall  have  power  to  appoint  persons 
to  fill  such  vacancies,  and  such  persons  so  appointed  by  the  state 
commission  shall  hold  office  as  municipal  civil  service  commis- 
sioners of  such  city  until  the  expiration  of  the  term  of  the  mayor 
then  in  office  and  until  their  successors  are  appointed  and  qualify. 
Said  state  commission  may  at  any  time,  by  unanimous  vote  of  the 
three  commissioners,  amend  or  rescind  any  rule,  regulation  or 
classification  prescribed  under  the  provisions  of  this  section, 
provided  that  said  state  commission  shall  state  the  reasons  for 
such  action  in  writing,  and  file  the  same  and  a  certified  transcript 
thereof  as  a  public  document  as  hereinbefore  provided,  and  give 
an  opportunity  to  the  municipal  civil  service  commissioners  con- 
cerned to  make  a  personal  explanation  and  to  file  papers  in 
opposition  to  such  action.  The  said  state  commission,  however, 
shall  not  take  such  action  upon  any  ground  other  than  that  the 
provisions  or  purposes  of  this  chapter  are  not  properly  or  suffi- 
ciently carried  out  by  such  rule,  regulation  or  classification,  nor 
without  specifying  in  writing  and  detail  in  what  particular  such 
provisions  or  purposes  are  not  carried  out,  nor  shall  said  state 
commission  exempt  from  competitive  examination  any  position 
or  place  or  employment  in  any  city  without  the  consent  of  the 
municipal  commission  of  such  city.  (As  amended  by  chapter 
357,  Laws  of  1916.) 

§  12.  Classification. — The  offices  and  positions  in  the  classi- 
fied service  of  the  state  or  of  any  civil  division  or  city  thereof  for 
which  civil  service  rules  shall  be  established  pursuant  to  this 
chapter,  shall  be  arranged  in  four  classes  to  be  designated  as  the 
exempt  class,  the  competitive  class,  the  non-competitive  class 
and,  in  cities,  the  labor  class. 

§  13.  The  exempt  class. — The  following  positions  shall  be 
included  in  the  exempt  class: 

1.  The  deputies  of  principal  executive  officers  authorized  by- 
law to  act  generally  for  and  in  place  of  their  principals; 

61 


2.  One  secretary  of  each  officer,   board  and  commission, 
authorized  by  law  to  appoint  a  secretary; 

3.  One  clerk,  and  one  deputy  clerk  if  authorized  by  law,  of 
each  court,  and  one  clerk  of  each  elective  judicial  officer; 

4.  In  the  state  service,  all  unskilled  laborers  and  such  skilled 
laborers  as  are  not  included  in  the  competitive  class  or  the  non- 
competitive  class;  and  in  addition  thereto  there  may  be  included 
in  the  exempt  class  all  other  subordinate  offices  for  the  filling  of 
which  competitive  or  non-competitive  examination  may  be  found 
to  be  not  practicable.    But  no  office  or  position  shall  be  deemed  to 
be  in  the  exempt  class  unless  it  is  specifically  named  in  such  class 
in  the  rules,  and  the  reasons  for  each  such  exemption  shall  be 
stated  separately  in  the  annual  reports  of  the  commission.     Not 
more  than  one  appointment  shall  be  made  to  or  under  the  title 
of  any  such  office  or  position,  unless  a  different  number  is  specifi- 
cally mentioned  in  such  rules.     Appointments  to  positions  in 
the    exempt    class    may  be    made    without    examination.     (As 
amended  by  chap.  170,  Laws  of  1912;  chap.  352,  Laws  of  1913.) 

§  14.  The  competitive  class. — The  competitive  class  shall  in- 
clude all  positions  for  which  it  is  practicable  to  determine  the  merit 
and  fitness  of  applicants  by  competitive  examination,  and  shall  in- 
clude all  positions  now  existing,  or  hereafter  created,  of  whatever 
functions,  designations  or  compensation,  in  each  and  every  branch 
of  the  classified  service,  except  such  positions  as  are  in  the  exempt 
class,  the  non-competitive  class  or  the  labor  class.  Appointments 
shall  be  made  to  or  employment  shall  be  given  in  all  positions  in 
the  competitive  class  that  are  not  filled  by  promotion,  reinstate- 
ment, transfer  or  reduction  under  the  provisionsof  this  chapter  and 
the  rules  in  pursuance  thereof,  by  appointment  from  among  those 
graded  highest  in  open  competitive  examinations  conducted  by 
the  state  or  municipal  commission,  except  as  herein  otherwise 
provided.  The  term  of  eligibility  shall  be  fixed  for  each  eligible 
list  at  not  less  than  one  nor  more  than  four  years.  Appointment 
shall  be  made  from  the  eligible  list  most  nearly  appropriate  for 
the  group  in  which  the  position  to  be  filled  is  classified,  and  a  new 
list  shall  be  created  for  a  stated  position  or  group  of  positions 
only  when  there  is  no  appropriate  list  existing  from  which 
appointment  may  be  made.  No  person  shall  be  appointed  or 
employed  under  any  title  not  appropriate  to  the  duties  to  be 
performed,  and  no  person  shall  be  transferred  to,  or  assigned  to 
perform  the  duties,  of  any  position  subject  to  competitive 
examination,  unless  he  shall  have  previously  passed  an  open  com- 

62 


petitive  examination  equivalent  to  that  required  for  such  position, 
or  unless  he  shall  have  served  with  fidelity  for  at  least  three  years  in 
a  similar  position.  Appointments  to  positions  in  the  state  service, 
the  duties  of  which  are  confined  to  a  locality  outside  of  Albany 
county,  shall,  so  far  as  practicable,  be  made  from  residents  of  the 
judicial  district  or  districts  including  such  locality.  The  exami- 
nations shall  be  public  and  shall  be  practical  in  their  character 
and  shall  relate  to  those  matters  which  will  fairly  test  the  relative 
capacity  and  fitness  of  the  persons  examined  to  discharge  the 
duties  of  that  service  into  which  they  seek  to  be  appointed.  Such 
commissions  shall  prepare  lists  of  preliminary  requirements  and 
subjects  of  examination  for  the  several  positions  or  groups  of 
positions  in  the  competitive  class  and  shall  publish  their  rules 
and  such  information,  and  advertise  such  examinations  in  such 
manner  as  the  nature  of  the  examinations  may  require.  Each  of 
such  commissions  shall  require  intending  competitors  to  file  in  its 
office  a  reasonable  length  of  time  before  the  date  of  any  examina- 
tion, a  formal  application  in  which  the  applicant  shall  state  under 
oath: 

1.  His  full  name,  residence  and  post-office  address. 

2.  His  age  and  the  place  and  date  of  his  birth. 

3.  His  health  and  physical  capacity  for  the  public  service. 

4.  His  right  of  preference  by  reason  of  military  or  naval 
service.  m 

5.  His  business  or  employment,  and  residence  for  at  least  the 
previous  five  years. 

6.  Such  other  information  as  may  reasonably  be  required 
touching  the  applicant's  merit  and  fitness  for  the  public  service. 

Blank  forms  for  such  application  shall  be  furnished  by  said 
commissions  without  charge  to  all  persons  requesting  the  same. 
Such  commissions  may  require  in  connection  with  such  application 
such  certificates  of  citizens,  physicians,  public  officers  or  others 
having  knowledge  of  the  applicant,  as  the  good  of  the  service  may 
require.  Such  commissions  may  refuse  to  examine  an  applicant, 
or  after  examination  to  certify  an  eligible,  who  is  found  to  lack 
any  of  the  established  preliminary  requirements  for  the  exami- 
nation or  position  for  which  he  applies;  or  who  is  physically  so 
disabled  as  to  be  rendered  unfit  for  his  performance  of  the  duties 

63 


of  the  position  to  which  he  seeks  appointment;  or  who  is  addicted 
to  the  habitual  use  of  intoxicating  beverages  to  excess;  or  who  has 
been  guilty  of  a  crime  or  of  infamous  or  notoriously  disgraceful 
conduct;  or  who  has  been  dismissed  from  the  public  service  for 
delinquency  or  misconduct;  or  who  has  intentionally  made  a 
false  statement  of  any  material  fact,  or  practiced,  or  attempted  to 
practice,  any  deception  or  fraud  in  his  application,  in  his  exami- 
nation, or  in  securing  his  eligibility  or  appointment.  When  the 
position  to  be  filled  involves  fiduciary  responsibility,  the  ap- 
pointing officer,  where  permitted  by  law,  may  require  the  ap- 
pointee to  furnish  a  bond  or  other  security  and  shall  notify  the 
state  or  municipal  commission  of  the  amount  and  necessary 
details  thereof.  (As  amended  by  chap.  547,  Laws  of  1911.) 

§  15.  Exemptions  from  competitive  examination. — Positions 
in  the  competitive  class  may  be  filled  without  examination  as 
follows: 

1.  Whenever  there  are  urgent  reasons  for  filling  a  vacancy  in 
the  competitive  class  and  there  is  no  list  of  persons  eligible  for 
appointment    after    competitive    examination,    the    appointing 
officer  may  nominate  a  person  to  the  state  or  municipal  com- 
mission for  non-competitive  examination,  and  if  such  nominee 
shall  be  certified  by  such  commission  as  qualified  after  such  non- 
competitive  examination,  he  may  be  appointed  provisionally  to 
fill  such  vacancy  until  a  selection  and  appointment  can  be  made 
after  competitive  examination,  but  such  provisional  appointment 
shall  not  continue  for  a  longer  period  than  four  months,  nor  shall 
successive  provisional  appointments  be  made  to  the  same  position 
under  this  subdivision.     (As  amended  by  chap.  361,  Laws  of  1915.) 

2.  In  case  of  a  vacancy  in  a  position  in  the  competitive 
class  where  peculiar  and  exceptional  qualifications  of  a  scientific, 
professional  or  educational  character  are  required,  and   upon 
satisfactory  evidence  that  for  specified  reasons  competition  in  such 
special  case  is  impracticable  and  that  the  position  can  be  best  filled 
by  the  selection  of  some  designated  person  of  high  and  recognized 
attainments  in  such  qualities,  the  state  or  municipal  commission 
may  suspend  the  provisions  of  the  rule  requiring  competition  in 
such  case,  but  no  such  suspension  shall  be  general  in  its  application 
to  such  place,  and  all  such  cases  of  suspension  shall  be  reported  in 
the  annual  reports  of  such  commissions  with  the  reasons  for  the 
same. 

3.  When  the  services  to  be  rendered  by  an  appointee  in  the 
etate  service  are  for  a  temporary  period  not  to  exceed  one  month 

64 


and  the  need  of  such  service  is  important  and  urgent,  the  ap- 
pointing officer  may  select  for  such  temporary  service  any  person 
on  the  proper  list  of  those  eligible  for  a  permanent  appointment 
without  regard  to  his  standing  on  such  list. 

§  16.     Promotion;    transfer;    reinstatement;     reduction. — 

Vacancies  in  positions  in  the  competitive  class  shall  be  filled,  so  far 
as  practicable,  by  promotion  from  among  persons  holding  posi- 
tions in  a  lower  grade  in  the  department,  office  or  institution  in 
which  the  vacancy  exists.  Promotions  shall  be  based  upon  merit 
and  competition  and  upon  the  superior  qualifications  of  the 
person  promoted  as  shown  by  his  previous  service,  due  weight 
being  given  to  seniority.  For  the  purposes  of  this  section  an 
increase  in  the  salary  or  other  compensation  of  any  person  holding 
an  office  or  position  within  the  scope  of  the  rules  in  force  hereunder 
beyond  the  limit  fixed  for  the  grade  in  which  such  office  or  position 
is  classified,  shall  be  deemed  a  promotion.  No  promotion, 
transfer  or  reinstatement  shall  be  made  from  a  position  in  one 
class  to  a  position  in  another  class  unless  the  same  be  specially 
authorized  by  the  state  or  municipal  commission,  nor  shall  a 
person  be  promoted  or  transferred  to  a  position  for  original 
entrance  to  which  there  is  required  by  this  chapter  or  the  rules 
an  examination  involving  essential  tests  or  qualifications  different 
from  or  higher  than  those  required  for  original  entrance  to  the 
position  held  by  such  person,  unless  he  shall  have  passed  the 
examination  or  attained  a  place  upon  the  eligible  list  for  such 
higher  position. 

§  17.  The  non-competitive  class. — The  non- competitive 
class  shall  include  such  positions  as  are  not  in  the  exempt  class  or 
the  labor  class  and  which  it  is  impracticable  to  include  in  the  com- 
petitive class.  Appointments  to  positions  in  the  non-competitive 
class  shall  be  made  after  such  non-competitive  examination  as  is 
prescribed  by  the  rules. 

§  18.  The  labor  class  in  cities. — The  labor  class  in  cities 
shall  include  unskilled  laborers  and  such  skilled  laborers  as  are 
not  included  in  the  competitive  class  or  the  non-competitive  class. 
Vacancies  in  the  labor  class  in  cities  shall  be  filled  by  appointment 
from  lists  of  applicants  registered  by  the  municipal  commissions. 
Preference  in  employment  from  such  lists  shall  be  given  according 
to  date  of  application.  There -shall  be  separate  lists  of  applicants 
for  different  kinds  of  labor  or  employment,  and  the  commissions 
may  establish  separate  labor  lists  for  various  institutions  and 
departments.  Where  the  labor  service  of  any  department  or 

65 


institution  extends  to  separate  localities,  the  commissions  may 
provide  separate  registration  lists  for  each  district  or  locality. 
The  commissions  shall  require  an  applicant  for  registration  for 
the  labor  service  to  furnish  such  evidence  or  pass  such  examina- 
tion as  they  may  deem  proper  with  respect  to  his  age,  residence, 
physical  condition,  ability  to  labor,  skill,  capacity  and  experience 
in  the  trade  or  employment  for  which  he  applies. 

§  19.     Official  roster;  reports   of   appointing    officers.— No 

person  shall  be  appointed  to  or  employed  in  any  position  in  the 
classified  service  of  the  state  or  of  any  civil  division  or  city  thereof 
for  which  rules  have  been  prescribed  pursuant  to  the  provisions  of 
this  chapter,  until  he  has  passed  an  examination  or  is  shown  to  be 
especially  exempted  from  such  examination  in  conformity  with 
such  rules  and  the  provisions  of  this  chapter.  It  shall  be  the 
duty  of  each  appointing  officer  of  the  state  or  any  such  civil 
division  thereof,  except  cities,  to  report  to  the  state  civil  service 
commission  forthwith  upon  such  appointment  or  employment  the 
name  of  such  appointee  or  employee,  the  title  and  character  of  his 
office  or  employment,  the  date  of  the  commencement  of  service 
by  virtue  thereof  and  the  salary  or  compensation  thereof,  and  to 
report  from  time  to  time  and  upon  the  date  of  official  action  in  or 
knowledge  of  each  case,  any  separation  of  a  person  from  the  ser- 
vice, or  other  change  therein,  and  such  other  information  as  the 
commission  may  require,  in  order  to  keep  the  roster  hereinafter 
mentioned.  The  commission  shall  keep  in  its  office  an  official 
roster  of  the  classified  civil  service  of  the  state  and  of  each  of  the 
civil  divisions  thereof  for  which  rules"  have  been  prescribed 
pursuant  to  this  chapter,  except  cities,  and  shall  enter  thereon 
the  name  of  each  and  every  person  who  has  been  appointed  to, 
employed,  promoted  or  reinstated  in  any  position  in  such  service 
upon  such  evidence  as1  it  may  require  or  deem  satisfactory  that 
such  person  was  appointed  to,  promoted  or  reinstated  in  the  service 
in  conformity  with  the  provisions  of  law  and  the  rules  prescribed 
pursuant  to  this  chapter.  The  official  roster  shall  show  opposite 
or  in  connection  with  each  name  the  date  of  appointment, 
employment,  promotion  or  reinstatement,  the  compensation  of 
the  position,  the  date  of  commencement  of  service,  and  date  of 
transfer  in  or  separation  from  service  by  dismissal,  resignation, 
cancellation  of  appointment  or  death.  In  like  manner  the  munici- 
pal commission  of  each  city  shall  keep  in  its  office  an  official  roster 
of  the  classified  civil  service  of  such  city,  and  shall  enter  thereon 
the  name  of  each  and  every  person  who  has  been  appointed  to, 
employed,  promoted  or  reinstated  in  any  position  in  such  service, 
upon  such  evidence  as  it  may  require  or  deem  satisfactory  that 

66 


such  person  was  appointed  to,  or  employed,  promoted  or  reinstated 
in  the  service  in  conformity  with  the  provisions  of  law  and  of  the 
rules,  and  it  shall  be  the  duty  of  each  appointing  officer  of  such 
city  to  report  to  such  municipal  commission  in  like  manner  as  is 
hereinbefore  provided  for  reports  from  appointing  officers  to  the 
state  commission. 

§  20.  Disbursing  officers.— It  shall  be  unlawful  for  the  comp- 
troller or  other  fiscal  officer  of  the  state  or  any  civil  division  or 
city  thereof  for  which  civil  service  rules  have  been"  prescribed 
pursuant  to  this  chapter,  to  draw,  sign  or  issue,  or  authorize  the 
drawing,  signing  or  issuing  of  any  warrant  on  the  treasurer  or 
other  disbursing  officer  of  the  state  or  such  civil  division  or  city 
thereof,  for  the  payment  of,  or  for  the  treasurer  or  other  dis- 
bursing officer  of  the  state  or  of  such  civil  division  or  city  thereof, 
to  pay  any  salary  or  compensation  to  any  officer,  clerk  or  other 
person  in  the  classified  service  of  the  state  or  of  such  civil  division 
or  city  thereof,  unless  an  estimate,  payroll  or  account  for  such 
salary  or  compensation,  containing  the  names  of  the  persons  to 
be  paid,  shall  bear  the  certificate  of  the  state  civil  service  com- 
mission, or  in  case  of  the  service  of  a  city,  the  certificate  of  the 
municipal  civil  service  commission  of  such  city,  that  the  persons 
named  in  such  estimate,  payroll  or  account  have  been  appointed  or 
employed  or  promoted  in  pursuance  of  law  and  of  the  rules  made 
in  pursuance  of  law.  Any  officer,  clerk  or  other  person  entitled 
to  be  certified  by  said  commission,  or  either  of  them,  to  the  comp- 
troller, treasurer  or  other  fiscal  or  disbursing  officer  of  the  state  or 
any  city  or  civil  division  thereof,  as  having  been  appointed  or 
employed  in  pursuance  of  law  and  of  the  rules  made  in  pursuance 
of  law,  and  refused  such  certificate,  may  maintain  a  proceeding  by 
mandamus  to  compel  such  commission  or  commissions  to  issue- 
such  certificate.  If  the  state  civil  service  commission  or  any 
municipal  civil  service  commission  shall  find  that  any  person  has 
been  transferred,  assigned  to  perform  duties  or  reinstated  in 
violation  of  any  provision  of  the  civil  service  law  or  of  the  rules 
adopted  thereunder,  it  shall  so  notify  the  comptroller  or  other 
fiscal  officer  of  the  state  or  of  the  appropriate  civil  division  or 
city  thereof  and  thereafter  such  officer  shall  not  draw,  sign  or 
issue  or  authorize  the  drawing,  signing  or  issuing  of  any  warrant 
on  the  treasurer  or  other  disbursing  officer  for  the  payment  of 
salary  or  compensation  to  any  such  person.  Any  such  person 
may  maintain  a  proceeding  by  mandamus  to  compel  the  pay- 
ment of  salary  or  compensation  so  withheld^  if  lawfully  entitled 
thereto.  Any  sums  paid  contrary  to  the  provisions  of  this  section 
may  be  recovered  from  any  officer  or  officers  making  such  ap- 

67 


pointment  in  contravention  of  the  provisions  of  law  and  of  the 
rules  made  in  pursuance  of  law,  or  any  officer  signing  or  counter- 
signing, or  authorizing  the  signing  or  countersigning  of  any  warrant 
for  the  payment  of  the  same,  and  from  the  sureties  on  his  official 
bond,  in  an  action  in  the  supreme  court  of  the  state,  maintained 
by  a  citizen  resident  therein,  who  is  assessed  for  and  is  liable 
to  pay,  or  within  one  year  before  the  commencement  of  the 
action,  has  paid  a  tax  therein.  All  moneys  recovered  in  any 
action  brought  under  the  provisions  of  this  section  must,  when 
collected,  be  paid  into  the  treasury  of  the  state  or  such  civil 
division  thereof,  except  that  the  plaintiff  in  any  such  action 
shall  be  entitled  to  receive  for  his  own  use  the  taxable  costs  of 
such  action.  (As  amended  by  chap.  240,  Laws  of  1909;  chap. 
67,  Laws  of  1914.) 

§  21.  Preferences  allowed  honorably  discharged  soldiers, 
sailors  and  marines. — In  every  public  department  and  upon  all 
public  works  of  the  state  of  New  York  and  of  the  cities,  counties, 
towns  and  villages  thereof,  honorably  discharged  soldiers,  sailors 
and  marines  from  the  army  and  navy  of  the  United  States  in  the 
late  civil  war  who  are  citizens  and  residents  of  this  state,  shall  be 
entitled  to  preference  in  appointment  and  promotion  without 
regard  to  their  standing  on  any  list  from  which  such  appointment 
or  promotion  may  be  made  to  all  competitive  and  non-competi- 
tive positions  provided  their  qualifications  and  fitness  shall  have 
been  ascertained  as  provided  in  this  chapter  and  the  rules  and 
regulations  in  pursuance  thereof;  and  a  person  thus  preferred 
shall  not  be  disqualified  from  holding  any  position  in  the  civil 
service  on  account  of  his  age  or  by  reason  of  any  physical  dis- 
ability provided  such  age  or  disability  does  not  render  him 
incompetent  to  perform  the  duties  of  the  position  applied  for. 
Whenever  any  list  of  eligible  persons,  prepared  under  authority 
of  this  chapter,  shall  contain  the  names  of  honorably  discharged 
soldiers,  sailors  and  marines  entitled  to  preference  as  aforesaid 
any  reference  in  this  chapter  or  in  the  r-ules  and  regulations  in 
pursuance  thereof  to  the  persons  standing  highest  on  such  list 
shall  be  deemed  to  indicate  those  standing  highest  of  those 
entitled  to  preference  by  the  provisions  of  this  section  and  such 
persons  shall  be  given  preference  on  any  list  of  registered  appli- 
cants for  employment  in  the  labor  service,  in  accordance  with  the 
dates  of  their  several  applications  as  though  such  applications 
had  been  filed  prior  to  those  of  any  persons  on  such  lists  not 
entitled  to  the  preference  provided  by  this  section.  A  refusal  to 
allow  the  preference  provided  for  in  this  and  the  next  succeeding 
section  to  any  honorably  discharged  soldier,  sailor  or  marine  or  a 

68 


reduction  of  his  compensation  intended  to  bring  about  his 
resignation  shall  be  deemed  a  misdemeanor,  and  such  honorably 
discharged  soldier,  sailor  or  marine  shall  have  a  right  of  action 
therefor  in  any  court  of  competent  jurisdiction  for  damages,  and 
also  a  remedy  by  mandamus  for  righting  the  wrong. 

§  21 -a.  Retiring  veterans  of  the  late  civil  war  and  granting 
them  pensions. — -Every  soldier,  sailor  or  marine  of  the  army  or 
navy  of  the  United  States  in  the  late  civil  war,  honorably 
discharged  from  service,  who  shall  have  been  employed  for  a 
continuous  period  of  ten  years  or  more  in  the  civil  service  of  the 
state  of  New  York,  and  who  shall  have  reached  the  age  of  seventy 
years,  upon  his  own  request,  or  if  employed  in  manual  labor,  upon 
becoming  incapacitated  for  performing  manual  labor,  shall  be 
retired  from  his  employment  by  the  state  of  New  York,  and 
thereafter  and  during  his  life,  the  state  department  or  institution 
which  employed  him  at  the  time  of  his  retirement,  shall  pay  to 
him,  in  the  same  manner  that  the  salary  or  wages  of  his  former 
position  were  customarily  paid  to  him,  an  annual  sum  equal  in 
amount  to  one-half  the  salary  or  wages  paid  to  him  in  the  last 
year  of  his  employment;  provided,  however,  that  the  amount  so 
to  be  paid  to  such  retired  veteran  shall  not  exceed  the  sum  of  one 
thousand  dollars  per  annum. 

§  22.  Power  of  removal  limited. —  Every  person  whose 
rights  may  be  in  any  way  prejudiced  contrary  to  any  of  the 
provisions  of  this  section  shall  be  entitled  to  a  writ  of  mandamus 
to  remedy  the  wrong.  No  person  holding  a  position  by  appoint- 
ment or  employment  in  the  state  of  New  York  or  in  the  several 
cities,  counties,  towns  or  villages  thereof  who  is  an  honorably 
discharged  soldier,  sailor  or  marine,  having  served  as  such  in  the 
Union  army  or  navy  during  the  war  of  the  rebellion,  or  who  is 
an  honorably  discharged  soldier,  sailor  or  marine,  having  served 
as  such  in  the  army  or  navy  of  the  United  States  during  the  late 
war  with  Spain  or  the  incidental  insurrection  in  the  Philippines 
prior  to  July  fourth,  nineteen  hundred  and  two,  or  who  shall  have 
served  the  term  required  by  law  in  the  volunteer  fire  department 
of  any  city,  town  or  village  in  the  state,  or  who  shall  have  been 
a  member  thereof  at  the  time  of  the  disbandment  of  such  volunteer 
fire  department  shall  be  removed  from  such  position  except  for 
incompetency  or  misconduct  shown  after  a  hearing  upon  due 
notice  upon  stated  charges,  and  with  the  right  to  such  employee  or 
appointee  to  a  review  by  a  writ  of  certiorari.  If  the  position  so 
held  by  any  such  honorably  discharged  soldier,  sailor  or  marine 
or  volunteer  fireman  shall  become  unnecessary  or  be  abolished  for 

69 


reasons  of  economy  or  otherwise,  the  said  honorably  discharged 
soldier,  sailor  or  marine  or  volunteer  fireman  holding  the  same 
shall  not  be  discharged  from  the  public  service,  but  shall  be 
transferred  to  any  branch  of  the  said  service  for  duty  in  such 
position  as  he  may  be  fitted  to  fill,  receiving  the  same  compensa- 
tion therefor,  and  it  is  hereby  made  the  duty  of  all  persons  clothed 
with  power  of  appointment  to  make  such  transfer  effective.  The 
burden  of  proving  incompetency  or  misconduct  shall  be  upon  the 
person  alleging  the  same.  In  every  county  of  the  state  wholly 
included  within  the  limits  of  a  city  but  not  comprising  the  whole 
of  such  city,  no  regular  clerk  or  head  of  a  bureau  or  person  holding 
a  position  in  the  classified  state  civil  service,  subject  to  competi- 
tive examination,  shall  be  removed  until  he  has  been  allowed  an 
opportunity  of  making  an  explanation;  and  in  every  case  of  re- 
moval the  true  grounds  thereof  shall  be  forthwith  entered  upon 
the  records  of  the  department  of  the  office  in  which  he  has  been 
employed,  and  a  copy  filed  with  the  state  civil  service  commission. 
In  case  of  a  removal,  a  statement  showing  the  reasons  therefor 
shall  be  filed  in  the  department  or  office  where  such  clerk,  head  of 
a  bureau  or  person  had  been  employed.  Whenever  such  offices, 
positions  or  employments  in  every  county  of  the  state  hereinbe- 
fore specified  are  abolished  or  made  unnecessary,  it  shall  be  the 
duty  of  the  head  of  the  department  or  office  in  which  such  persons 
had  been  employed,  to  furnish  the  names  of  the  person  or  persons 
affected  to  the  state  civil  service  commission,  with  a  statement  in 
the  case  of  each  of  the  date  of  his  original  appointment  in  the 
service.  It  shall  be  the  duty  of  the  state  civil  service  commis- 
sion forthwith  to  place  the  names  of  said  persons  upon  a  list  of 
suspended  employees  for -the  office  or  position  or  for  the  class  of 
work  in  which  they  have  been  employed,  or  for  any  corresponding 
or  similar  office,  position  or  class  of  work,  and  to  certify  the  said 
persons  for  reinstatement  or  re-employment  in  the  order  of  their 
original  appointment  before  making  certification  frofn  any  other 
list.  The  failure  of  any  person  on  any  such  list  for  reinstatement 
or  re-employment  to  accept  after  reasonable  notice,  an  office  or 
position  in  the  same  county  and  at  the  same  salary  or  wages  as  the 
position  formerly  held  by  him,  shall  be  held  to  be  a  relinquish- 
ment  of  his  right  to  reinstatement  as  herein  stated.  Nothing 
in  this  section  shall  be  construed  to  apply  to  the  position  of 
private  secretary,  cashier  or  deputy  of  any  official  or  department. 
(As  amended  by  chap.  264,  Laws  of  1910.) 

§  23.  Compensation  of  veterans  reinstated  by  order  of  the 
courts. — Any  honorably  discharged  soldier,  sailor  or  marine,  who 
having  served  as  such  in  the  Union  army  or  navy  during  the  war 

70 


of  the  rebellion,  shall  have  been,  or  may  hereafter  be  removed 
from  any  position  held  by  him  by  appointment  or  employment 
in  the  state  of  New  York  or  in  the  several  cities,  counties,  towns 
or  villages  thereof  in  contravention  or  violation  of  any  provision 
of  section  twenty-two  of  this  article  and  who  shall  have  been 
restored  to  such  position  or  employment  either  by  a  peremptory 
writ  of  mandamus  of  the  supreme  court  or  by  final  order  on  a  writ 
of  certiorari,  as  authorized  by  said  section  twenty-two,  shall  be 
entitled  to  receive  and  shall  receive  from  said  state  or  the  city, 
county,  town  or  village  thereof  under  which  said  position  or  em- 
ployment was  held  by  him,  the  same  compensation  therefor  from 
the  date  of  such  unlawful  removal  to  the  date  of  his  said  restora- 
tion to  said  position  or  employment  which  he  would  have  been 
entitled  by  law  to  have  received  in  such  position  or  employment 
but  for  such  unlawful  removal,  and  such  veteran,  shall  be  entitled 
to  a  writ  of  mandamus  to  enforce  the  payment  thereof,  but  such 
compensation  or  salary  or  wages,  due  in  such  position  or  employ- 
ment, sljall  be  subject  to  the  provisions  of  sections  four  hundred 
seventy-four  and  four  hundred  seventy-five  of  the  judiciary  law 
for  services  rendered  in  either  or  both  said  special  proceedings  but 
otherwise  shall  be  paid  only  directly  to  such  veteran. 

§  24.  Misdemeanor  to  obstruct  right  of  examination;  false 
representation;  impersonation  in  examination.— Any  commis- 
sioner, or  exami-ner,  or  any  other  person  who  shall  wilfully  by 
himself  or  in  co-operation  with  other  persons,  defeat,  deceive  or 
obstruct  any  person  in  respect  of  his  or  her  right  of  examination, 
or  registration,  according  to  any  rules  or  regulations  prescribed 
pursuant  to  the  provisions  of  this  chapter,  or  who  shall  wilfully 
and  falsely  mark,  grade,  estimate  or  report  upon  the  examination 
or  proper  standing  of  any  person  examined,  registered  or  certified, 
pursuant  to  the  provisions  of  this  chapter,  or  aid  in  so  doing,  or 
who  shall  wilfully  make  any  false  representations  concerning  the 
same,  or  concerning  the  person  examined,  or  who  shall  wilfully 
furnish  to  any  person  any  special  or  secret  information  for  the 
purpose  of  either  improving  or  injuring  the  prospects  or  chances 
of  any  person  so  examined,  registered  or  certified,  or  to  be  ex- 
amined, registered  or  certified,  or  who  shall  personate  any  other 
person,  or  permit  or  aid  in  any  manner  any  other  person  to  per- 
sonate him,  in  connection  with  any  examination  or  registration 
or  application  or  request  to  be  examined  or  registered,  shall  for 
each  offense  be  deemed  guilty  of  a  misdemeanor. 

§  25.     Recommendations  for  appointment  or  promotion. — No 

recommendation  or  question  under  the  authority  of  this  chapter 

71 


shall  relate  to  the  political  opinions  or  affiliations  of  any  person 
whatever;  and  no  appointment  or  selection  to  or  removal  from  an 
office  or  employment  within  the  scope  of  the  rules  established  as 
aforesaid,  shall  be  in  any  manner  affected  or  influenced  by  such 
opinions  or  affiliations.  No  person  in  the  civil  service  of  the 
state  or  of  any  civil  division  or  city  thereof,  is  for  that  reason  under 
any  obligation  to  contribute  to  any  political  fund  or  to  render  any 
political  service,  and  no  person  shall  be  removed  or  otherwise 
prejudiced  for  refusing  so  to  do.  No  person  in  the  said  civil 
service  shall  discharge  or  promote  or  reduce,  or  in  any  manner 
change  the  official  rank  or  compensation  of  any  other  person  in 
said  service,  or  promise  or  threaten  so  to  do  for  giving  or  with- 
holding or  neglecting  to  make  any  contribution  of  money  or  ser- 
vice or  any  other  valuable  thing  for  any  political  purpose.  No 
person  in  said  service  shall  use  his  official  authority  or  influence  to 
coerce  the  political  action  of  any  person  or  body,  or  to  interfere 
with  any  election. 

§  26.  Political  assessments  prohibited. — No  officer,  agent, 
clerk  or  employee  under  the  government  of  the  state  of  New 
York  or  any  civil  division  or  city  thereof  shall,  directly  or  in- 
directly, use  his  authority  or  official  influence  to  compel  or  induce 
any  other  officer,  clerk,  agent  or  employee  under  said  government, 
or  any  civil  division  or  city  thereof,  to  pay  or  promise  to  pay  any 
political  assessment,  subscription  or  contribution.  Every  said 
officer,  agent,  clerk  or  employee  who  may  have  charge  or  control 
in  any  building,  office  or  room  occupied  for  any  purpose  of  said 
government,  or  any  said  division  or  city  thereof,  is  hereby 
authorized  to  prohibit  the  entry  of  any  person,  and  he  shall  not 
knowingly  permit  any  person  to  enter  the  same  for  the  purpose  of 
therein  making,  collecting,  receiving  or  giving  notice  of  any 
political  assessment,  subscription  or  contribution;  and  no  person 
shall  enter  or  remain  in  any  said  office,  building  or  room,  or  send 
or  direct  any  letter  or  other  writing  thereto,  for  the  purpose  of 
giving  notice  of,  demanding  or  collecting  a  political  assessment, 
nor  shall  any  person  therein  give  notice  of,  demand,  collect  or 
receive  any  such  assessment,  subscription  or  contribution;  and 
no  person  shall  prepare  or  make  out,  or  take  any  part  in  preparing 
or  making  out,  any  political  assessment,  subscription  or  contribu- 
tion with  the  intent  that*  the  same  shall  be  sent  or  presented  to  or 
collected  of  any  officer,  agent  or  employee  subject  to  the  provi- 
sions of  this  chapter,  under  the  government  of  the  state  of  New 
York,  or  that  of  any  civil  division  or  city  thereof,  and  no  person 
shall  knowingly  send  or  present  any  political  assessment,  sub- 
scription or  contribution  to  or  request  its  payment  of  any  said 

72 


officer,  agent  or  employee.  Any  person  who  shall 'be  guilty  of 
violating  any  provision  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  27.  Officers  or  candidates  not  to  promise  influence; 
"public  officer"  and  "public  employee"  denned. — Whoever,  while 
holding  any  public  office,  or  in  nomination  for,  or  while  seeking  a 
nomination  or  appointment  for  any  public  office,  shall  corruptly 
use  or  promise  to  use,  whether  directly  or  indirectly,  any  official 
authority  or  influence,  whether  then  possessed  or  merely  antici- 
pated, in  the  way  of  conferring  upon  any  person,  or  in  order  to 
secure  or  aid  any  person  in  securing  any  office  or  public  employ- 
ment, or  any  nomination,  confirmation,  promotion  or  increase  of 
salary,  upon  the  consideration  or  condition  that  the  vote  or 
political  influence  or  action  of  the  last-named  person,  or  any  other 
shall  be  given  or  used  in  behalf  of  any  candidate,  officer  or  party, 
or  upon  any  other  corrupt  condition  or  consideration,  shall  be 
deemed  guilty  of  bribery  or  an  attempt  at  bribery.  And  whoever 
being  a  public  officer,  or  having  or  claiming  to  have  any  authority 
or  influence  for  or  affecting  the  nomination,  public  employment, 
confirmation,  promotion,  removal  or  increase  or  decrease  of 
salary  of  any  public  officer,  shall  corruptly  use,  or  promise,  or 
threaten  to  use  any  such  authority  or  influence,  directly  or  in- 
directly, in  order  to  coerce  or  persuade  the  vote  or  political 
action  of  any  citizen  or  the  removal,  discharge  or  promotion  of 
any  officer  or  public  employee,  or  upon  any  other  corrupt  con- 
sideration, shall  also  be  guilty  of  bribery  or  of  an  attempt  at 
bribery.  Every  person  found  guilty  of  such  bribery,  or  an 
attempt  to  commit  the  same,  as  aforesaid,  shall,  upon  conviction 
thereof,  be  liable  to  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  three  thousand  dollars,  or  to  be 
imprisoned  not  less  than  ten  days  nor  more  than  two  years,  or  to 
both  said  fine  and  said  imprisonment,  in  the  discretion  of  the  court. 
The  phrase  "public  officer"  shall  be  held  to  include  all  public 
officials  in  this  state,  whether  paid  directly  or  indirectly  from  the 
public  treasury  of  the  state,  or  from  that  of  any  civil  division 
thereof,  or  by  fees  or  otherwise;  and  the  phrase  'public  employee'' 
shall  be  held  to  include  every  person  not  an  officer  who  is  paid 
from  any  said  treasury. 

§  28.  Taxpayer's  action. — Any  taxpayer  shall  have  the 
right  to  bring  an  action  in  the  supreme  court  to  restrain  the 
payment  of  salary  or  other  compensation  to  any  person  appointed 
to  or  holding  any  office,  place  or  employment  in  violation  of  any 
of  the  provisions  of  this  chapter,  and  such  right  shall  not  be 

73 


limited  or  denied  by  reason  of  the  fact  that  said  office,  place  or 
employment  shall  have  been  classified  as,  or  determined  to  be, 
not  subject  to  competitive  examination;  provided,  however, 
that  any  judgment  or  injunction  granted  or  made  in  any  such 
action  shall  be  prospective  only,  and  shall  not  affect  payments 
already  made  or  due  to  such  persons  by  the  proper  disbursing 
officers,  in  accordance  with  the  civil  service  rules  in  force  at  the 
time  of  such  payments.  (As  amended  by  chap.  513,  Laws  of 
1914.) 

§  29.    Publication  of  examination  pamphlet  and  civil  list. — 

The  state  civil  service  commission  may  publish,  and  sell  for  a 
nominal  sum,  a  pamphlet  containing  papers  to  illustrate  to  can- 
didates the  methods  of  examination,  and  containing  such  other 
information  as  in  the  opinion  of  the  commission  will  be  useful 
to  candidates  in  making  applications  and  preparing  for  competi- 
tion. Such  commission  may  also  publish  semi-annually,  revised 
to  the  first  day  of  January  or  the  first  day  of  July  preceding,  a 
civil  list  of  the  state  and  county  service.  Copies  of  such  list 
shall  be  sent  free  to  state  officers,  members  of  the  legislature  and 
such  other  public  officers  as  the  commission  deems  advisable,  and 
copies  shall  also  be  placed  on  sale  at  a  minimum  price  sufficient  to 
cover  the  cost  of  publication  and  mailing.  (Added  by  chap. 
590,  Laws  of  1910.) 

ARTICLE  3 
Classification  of  State  Employees 

Section  40.  Application. 

41.  Classification  of  employees  in  grades. 

42.  Salaries  for  each  grade. 

43.  Extra  salary  or  compensation  prohibited. 

44.  Temporary  service. 

45.  Appointments  and  promotions. 

§  40.  Application. — The  provisions  of  this  article  shall 
apply  to  all  clerks,  bookkeepers,  stenographers,  copyists,  messen- 
gers and  other  employees  whose  duties  are  of  a  clerical  character 
in  all  the  state  departments,  bureaus,  commissions  and  offices, 
except  those  otherwise  fixed  by  law,  or  whose  salaries  were 
January  first,  nineteen  hundred  and  one,  more  than  the  maximum 
fixed  herein. 

§  41.  Classification  of  employees  in  grades. — All  clerks, 
bookkeepers,  stenographers,  copyists,  messengers,  pages  or  other 

74 


employees  performing  clerical  service  in  the  state  departments, 
bureaus,  divisions,  commissions  and  other  offices  excepting 
deputies,  heads,  chiefs  and  assistant  heads  and  chiefs  of  divisions 
or  bureaus  shall  be  classified  in  one  of  the  following  grades,  in 
accordance  with  the  appropriations  made  by  the  legislature  for 
such  purpose. 

§  42.  Salaries  for  each  grade. — The  annual  salaries  of 
employees  for  each  grade  shall  not  be  to  exceed  the  following: 
First  grade,  three  hundred  sixty  dollars;  second  grade,  four 
hundred  eight  dollars;  third  grade,  six  hundred  dollars;  fourth 
grade,  seven  hundred  twenty  dollars;  fifth  grade,  nine  hundred 
dollars;  sixth  grade,  twelve  hundred  dollars;  seventh  grade, 
fifteen  hundred  dollars;  eighth  grade,  eighteen  hundred  dollars; 
ninth  grade,  twenty-one  hundred  dollars;  tenth  grade,  twenty- 
four  hundred  dollars. 

§  43.  Extra  salary  or  compensation  prohibited. — No  person 
holding  a  position  or  employed  in  any  department,  bureau,  com- 
mission or  office  to  which  this  article  applies  and  for  which  a 
definite  salary  or  compensation  has  been  appropriated  or  designated 
shall  receive  any  extra  salary  or  compensation  in  addition  to  that 
so  fixed. 

§  44.  Temporary  service. — All  departments,  bureaus,  com- 
missions or  offices  which  have  been  granted  an  appropriation  for 
temporary  clerical  service,  may  appoint  in  accordance  with  the 
provisions  of  this  article  employees  in  any  of  the  grades  heretofore 
specified  below  the  eighth  grade,  which  employees  shall  be  paid 
from  the  special  appropriation  made  for  such  purpose,  but  from 
no  other  fund. 

§  45.  Appointments  and  promotions. — Original  appoint- 
ment to  the  position  of  clerk,  bookkeeper,  stenographer,  copyist 
or  messenger  shall  be  made  so  far  as  practicable  to  the  lowest 
grade  established  in  the  department,  bureau,  commission  or 
office  in  which  the  appointment  is  made,  and  no  position  above 
such  grade  shall  be  filled  by  original  appointment  of  a  person  not 
in  the  service,  if  there  is  employed  in  the  same  office  or  depart- 
ment in  a  similar  position  in  a  lower  grade  any  person  who  is 
competent  to  perform  the  duties  of  the  higher  position  who  can 
be  promoted.  Promotion  shall  be  made  by  successive  grades  so 
far  as  practicable,  and  no  person  shall  be  promoted  to  a  position 
in  the  higher  grade  who  has  not  served  at  least  six  months  in  the 
next  lower  grade. 

75 


ARTICLE  4 
Laws  Repealed;  When  to  Take  Effect. 

Section  60.     Laws  repealed. 

61.     When  to  take  effect. 

§  60.  Laws  repealed. — Of  the  laws  enumerated  in  th~e 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column 
is  hereby  repealed. 

§  61.  When  to  take  effect.— This  chapter  shall  take  effect 
immediately. 

Schedule  of  Laws  Repealed 

Laws  of  Chapter        Laws  of  Chapter 

1883 354        1896 821 

1884 312        1897 * 428 

1884 357        1898 184 

1884 410        1898 186 

1886 29        1899 370 

1887 464        1900 66 

1888 119        1900 195 

1890 67        1900 675 

1892 577        1901 521 

1894 354        1901 533 

1894 681        1902 270 

1894 716        1902 355 

1894 717        1904 637 

1895 .    344  1904....                             ..  697 


76 


INDEX 

Rules  of  the  Civil  Service  Commission  for  the 
City  of  Buffalo 


(For  Index  to  Law  see  page  86) 

Rule  Page 

Age  Requirements: 

Fire  Department,  other  than  firemen 12  19 

Firemen 11  §  1  lg 

May  be  prescribed  by  Commission 9  §  7  16 

Patrolmen 10  §  1  17 

Police  Department,  other  than  patrolmen..  12  19 
Subject  to  provisions  of  law  respecting 

veterans 9  §  7  16 

Appeals  from  Ratings  in  Examinations: 

Must  be  in  writing 15  §  9  21 

Must  be  made  within  15  days  after  adop- 
tion of  list 15  §  9  21 

Shall  specify  cause  for  complaint 15  §  9  21 

Applications  for   Examination  in  Competitive 
Class  and  Non-Competitive  Class: 

Certificates  as  to  character,  etc 9  §  3,4,6 — 15,  16 

Communications  as  to  qualifications  not 

considered "9  §5  16 

Contents  of,  shall  show  under  oath 9  15,  16 

Deception  in,  attempt  to  practice 13  19 

False  statements  in 13  19 

Filing  of 9  15 

Fire  Department  (see  Fire  Department) 

Form  to  be  provided  by  Commission 9  15 

Fraud  in,  attempt  to  practice 13  19 

Must  be  under  oath 9  15 

No  admittance  to  examination  without 

.filing 9  15 

Police  Department  (see  Police  Department) 

When  less  than  three  are  filed 21  §  2  28 

When  none  are  filed,  result 21  §  2  28 

Applications  for  Registration  in  Labor  Class: 

Certificates  as  to  character,  etc 34  §  3  38 

Contents  of,  must  give 34  §  3  38 

Failure  to  file  for  re-registration 34  §  6  39 

Filing  of,  preference  in  employment 34  §  2  38 

Forms  to  be  prescribed  by  Commission  ....34  §  3  38 

Period  in  force,  limited 34  §  6  39 

Preference  in  employment,  according  to 

date  of  filing 34  §  2  38 

Appointing  Officer: 

Duties  of,  in  relation  to  all  employments..37  41 

Duties  of,  in  relation  to  payrolls 40  44 

Reports  of 37  41 

77 


INDEX 

Rule     ,  Page 

Shall  not  select  or  appoint,  except  in  ac- 
cordance with  law  and  rules 18  24 

Term,  defined 1  §  2  11 

Appointments: 

Acceptance  of  temporary,  not  to  affect 

standing  on  list 22  §  3  28 

After  serving  for  three  years  in  a  similar 

position 19  §  2  24 

Certification  for   (see   Certification   for 
Appointment) 

Classified  service,  only  after  examina- 
tion or  special  exemption 19  §  1  24 

Declination  of,  result,  exceptions 20  §  6,  7,  8          26 

Desk  Sergeants,  "Permanent  Substitute 

Desk  Sergeants" 27  32 

Drivers  in   Fire   Department   "Substi- 
tute Corps" 26  31 

Emergency  (see  Emergency  Employment).. 24  30 

Employees  of  Commission 2  12 

Exempt  class,  may  be  made  without  ex- 
amination   5  §  4  13 

Failure  to  accept 20  §  6  26 

Fire  Department  (see  Fire  Department) 

Firemen  in  Fire  Department  "Substi- 
tute Corps" 26  31 

From  eligible  lists,  how  made 20  §  1,  9       25,  27 

Incapacitated  for 15  §  10 

Labor  class,  how  made 34  §  2  33 

More  than  one,  number  of  names  to  be 

certified 20  §  3  25 

Non-competitive  class,  how  made 33  §  1  37 

Not  to  be  made  under  title  not  appro- 
priate to  duties 19  §  2 

Number  of  names  certified  for 20  §  2,  3  25 

Offer  of,  must  be  accepted  within  4  days.. 20  §  6  26 

Original,  not  allowed  when  promotion  is 

practicable 29  §  1  33 

"Permanent  Substitute  Desk  Sergeants," 
Police  Department 27 

Permanent,  name  to  be  stricken  from  list.... 20  §  11  27 

Power  of,  limited .18  24 

Preference  in,  to  be  given  if  entitled  to 

preference 35  40 

Provisional,   (see    Provisional  Appoint- 
ments)  21  27 

Refusal  to  accept 20  §  6 

Removal  after,  cause  for  (see  Dismissal)  ..13  19 

Salary  of  person  accepting,  not  to  be 

increased , 20  §  8  26 

"Season  Positions,"  how  made  (see  Sea- 
son Positions) 23  29 

Special  Patrolmen,  how  made 25  30 

"Substitute  Corps,"  Fire  Department 26  31 

78 


INDEX 

Rule  Page 

Successive  temporary  not  allowed 22  §  2  28 

Successive  emergency  not  allowed 24  30 

Temporary  (see Temporary  Employment). .22  28 

Term  of  probation  of  (see  Probationary 

Term) 28  33 

To  be  reported  by  appointing  officer 37  (a)  42 

To  position  subject  to  competitive  ex- 
amination, only  after  passing  open 

competitive  examination 19  §  2  24 

Veterans  entitled  to  preference  in 35  40 

Waiver  of '. 20  §  8  26 

When  the  list  contains  less  than  3  names. ...20  §  10  27 

21  §  1  27 

When  there  is  no  list 21  §  1  27 

Certification  for  appointment: 

Additional  names  to  be  certified,  when 20  §  6  26 

Must  indicate  persons  entitled  to  pref- 
erence  20  §  2  25 

No  one  to  be  certified  more  than  3  times,  25 

exception 20  §  4 

'     Number  pf  names  to  be  certified 20  §  2,  3  25 

Physical  examination  may  be  required 

before  being  certified 15  §  5  21 

Promotion,  manner  of  certifying  for 29  §  6  35 

Request  for,  must  contain 20  §  2,  5       25,  26 

To  be  made  without  regard  to  sex,  ex- 
ception  20  §  5  26 

Citizenship:    (see  Residence  and  Citizenship) 

Civil  Service,  term  defined 1  §  1  11 

Civil  Service  Commission: 

Election  of  President 2  12 

Employees  of 2  12 

Employment   of   assistants   or   experts 

without  examination 15  §  8  21 

Number  of  Commissioners 2  12 

Power  to  appoint  employees 2  12 

Power  to  correct  errors 15  §  10  22 

President  of 2 

Secretary  of 2  12 

Classified  Service: 

All  changes  in  status  of  employees,  to  be 

reported  to  Commission 37  41 

Appointments  in,  only  after  examina- 
tion or  special  exemption 19  §  1 

Competitive  Class,  defined 6 

Division  of,  into  four  classes 4 

Exempt  Class,  defined 5 

Labor  Class,  defined 8 

Non-Competitive  Class,  defined 7 

Positions  comprised  in 4 

Roster  of 38 

Schedules  "A,"  "B,"  "C,"  "D,"  desig- 
nated in 4  13 

79 


INDEX 

Rule  Page 

Term  of  probation  in 28  33 

Compensation,  term  defined 1  §  6  12 

Competitive  Class: 

Applications  for  examinations  in,  must 

show 9  15 

Applications  (see  Applications  for  Ex- 
amination   in    Competitive    Class 

and  Non-Competitive  Class) 

Appointments  to,  and  employments  in 19  24 

Appointments  to,  from  eligible  list 20  25 

Certification  for  appointment  to  posi- 
tions in 20  §  2,  3  25 

Emergency  employment 24  30 

Exemptions  from  examination,  excep- 
tional qualifications 16  22 

No  reinstatement,   unless  position  ac- 
quired as  a  result  of  examination 31  §  3  36 

Positions  included  in 6  14 

Promotion 29 

Provisional  appointments 21  27 

Reinstatement  in,  after  service  in  ex- 
empt class  or  classified  service 31  §»2  36 

Residence  and  citizenship,  requirements....  9  §  1  15 

Schedule  "B"  designates 6  14 

' '  Season  Positions, ' '  (see  Season  Positions) . .  23  28 

Suspension  of  rule  requiring  competition.... l6  22 

Temporary  appointments 22  28 

Definition  of  terms 1  11 

Disqualification  of  applicants,  cause  for 13  19 

Dismissal : 

Cause  for 13  19 

During  term  of  probation 28  33 

To  be  reported  by  appointing  officer 37  (c) 

Efficiency  Records;  nature  of  same;  how  kept.... 36  41 

Eligible  Lists: 

Acceptance  of  temporary  appointment 

not  to  affect  standing  on .- 22  §  3  28 

Appeals  (see  Appeals  from  Ratings  in 
.    Examination) 

Appointments  from,  how  made 20  §  1,  9       25,  27 

Appointments  (see  Appointments) 

Cause  for  removal  of  name  from 13  19 

Correction  of  errors 15  §  10  22 

Designation    as    permanent    substitute 
desk  sergeant,  name  to  be  stricken 

from _ 27  §  1  32 

Designation    to     "Substitute     Corps," 

name  to  be  stricken  from 26  §  1  31 

Incapacitated    for    appointment,    may 

strike  name  from 15  §  10  22 

May  be  revoked  or  amended 15  §  10  22 

Notice  to  competitors  of  standing  on 15  §  9  21 

No  new  list  to  be  created;  exception 20  §  1  25 

80 


INDEX 

Rule  Page 

Percentage  necessary  to  attain  a  place 

on;  minimum  average 17  §  1  23 

Permanent  appointment,  name  to  be 

stricken  from 20  §  11  27 

Persons  declining,  name  to  be  stricken 

from,  exceptions 20  §  7  26 

Physical  examination  may  be  required 

before  record  on 15  §  5  21 

Power  to  revoke  or  amend 15  §  10  22 

Preference  on,  to  be  given  if  entitled  by 

law  to  preference 17  §  1  23 

Promotion,  preparation  of,  for 29  §  6  35 

Provisional  appointment  not  to  continue 

after  notice  of 21  §1  27 

Removal  of  name  for  cause 13  19 

Salary  not  to  be  increased  of  appointee 

whose  standing  is  lower  on 20  §  8  26 

Term  of  eligibility  of 17  §  2  23 

Termination  of,  when,  persons  on  to  be 

notified 17  §  3  23 

When  there  are  less  than  three  names  on.. 20  §  10  27 
Emergency  Employment: 

Assistants  or  experts  to  conduct  exami- 
nations  15  §  8  21 

Competitive  class,  when  allowed 24  30 

Limited,  successive  not  to  be  made 24  30 

Special  patrolmen 25  30 

To  be  reported  by  appointing  officer 24  30 

Employees  of  Commission,  appointment  of 2  12 

Examinations: 

Advertising  of 15  §  6  21 

Appeals  from  ratings  in 15  §  9  21 

Applications,  less  than  three  filed,  result.. 21  §  2  28 

Applications  for,  must  be  filed 9      •  15 

Competitors  to  be  notified  of  result  of 15  §  9  21 

Errors  in,  authority  to  correct 15  §  10  22 

Exempt  class,  appointments  to  without....  5  §  4  13 
Exemptions  from,  (see  Exemptions  from 
Examinations) 

Fraud  in,  attempt  to  practice 13  19 

Inspection  of  papers  in,  limited 15  §  9  21 

Labor  service,  character  of 34  §  4  39 

Less  than  three  applications  filed  for 21  §  2  28 

Nature  of  all,  shall  be  public 15  §  1  20 

No  applications  filed 21  §2 

Non-competitive    class,    appointments 

only  after 33  §  1  37 

Non-competitive  class,  character  of 33  §  2  37 

Notice  to  persons  on  list  of  new 17  §  3  23 

Oral  and  practical  tests 15  §  3  20 

Physical  qualifications  of  essential  im- 
portance  15  §  5  21 

Preliminary  requirements  to  be  prepared  .15  §  2  20 

81 


INDEX 

Rule  Page 

Promotional,  conduct  of 29  §  6  35 

Provisional,  character  of 21  §  1  27 

Rating  of  papers  in 15  §  7  21 

Re-examination  of  applicants 15  §  10  22 

Requirements  and  subjects  of 15  §  2  20 

"Season  Positions,"  character  of 23  §  4  29 

Subjects  to  be  prepared : 15  §  2  20 

Exempt  Class: 

Appointments     limited     to     positions 

specifically  named  in 5  §  4  13 

Appointments  may  be  made  without  ex- 
amination   5  §  4 

Positions  included  in 5 

Positions  to  be  specifically  named  in  rules..  5  §  4  13 

Reinstatement  to  competitive  class  after 

service  in 31  §  2  36 

Schedule  "A"  designates 6  14 

Schedule  of  positions  in 46 

Exemptions  from  Examinations: 

Competitive  class,  exceptional  qualifica- 
tions  16  22 

Emergency  employment 24  30 

Exempt  class 5  §  4  13 

Experts    and    assistants    employed    by 

Commission 15  §  8  21 

"Season    Positions,"    unless   otherwise 

specified 23  §4 

Special  patrolmen 25  30 

Fire  Department: 

Age  requirements 11  §  1  18 

Applications  for  firemen 11  18 

Applications  other  than  firemen 12  19 

Appointments  of  firemen  and  drivers  to 

permanent  positions 26  §  2 

Designation  to  "Substitute  Corps" 26  §  1  31 

Physical  requirements 11  18 

Table  of  height  and  weight 11  §  4 

Fraud,  attempt  to  practice 13  19 

Grade,  term  defined 1  §  5 

Group,  term  defined 1  §  4 

Head  of  the  department,  term  defined 1  §  3  11 

Hospital  service,  waiving  residence  and  citi- 
zenship in 14  20 

Labor  Class: 

Applications  for  employment  in 34  §  3  38 

Applications  (see  Applications  for  Regis- 
tration in  Labor  Class) 

Appointments  in,  after  qualification 34  §  2 

Divisions  in,  defined 34  §  1  38 

Laborer,  term  defined 1  §  7 

Positions  included  in 8  14 

Qualifications  for  appointment  to 34  §  3 

Registration,  limit  of  time  for 34  §  6  39 

82 


INDEX 

Rule  Page 

Re-registration,  notice  of,  failure  to 34  §  6  39 

Residence  and  citizenship,  waiving  of 34  §  3  39 

Schedule  "D"  designates 4  13 

Schedule  of  positions  in 51 

Transfers  in 30  §  2  35 

Unskilled  laborer,  term  defined 1  §  7  12 

Veterans  entitled  to  preference 35  40 

Laborer,  term  denned 1  §  7  12 

Leave  of  Absence: 

Granting  of,  limit  of  time  for 32  37 

Reinstatement  after  expiration  of,  not 

allowed 32  37 

To  be  reported  by  appointing  officer 37  §  (j)  43 

Non-Competitive  Class 7  14 

Applications  for  examinations  in,  must 

show 9  15 

Applications  (see  Applications  for  Ex- 
aminations; Competitive  Class  and 
Non-Competitive  Class) 

Appointments  to  positions  in 33  §  1  37 

Examinations,  character  of 33  §  2  37 

Positions  included  in 7  14 

Schedule  "C"  designates 4  13 

Schedule  of  positions  in 48 

Transfers  in 30  §  2  35 

Officer,  appointing,  term  defined 1  §  2  11 

Payrolls,  Estimates  and  Accounts: 

Certificate  of  Commission  required  on  all.. 39  §  1  43 
Certificate  required  from  heads  of  offices, 

etc 40  §  1  44 

Disbursing  officers,  duties  defined 39  §  1,  2       43,  44 

Form  and  manner  of 40  §  1,  3       44,  45 

Form  of  certificate  to  be  attached  by 

Commission 40  §  4  45 

Must  be  compared  with  official  roster 40  §  4  45 

Physical  Requirements: 

Competitive  and  non-competitive  classes..  9  §  2  15 

Fire  Department  other  than  firemen 12  19 

Firemen 11  18 

Patrolmen 10  17 

Police  Department  other  than  patrolmen.. 12  19 

Labor  Class 34  §  3  38 

Whenever  of  essential  importance 15  §  5  21 

Police  Department: 

Age  requirements 10  §  1  17 

Applications  for  patrolmen 10  17 

Applications  other  than  patrolmen 12  19 

Desk  Sergeants,  permanent  appointment 

of 27  §2  31 

Permanent  Substitute  Desk  Sergeants, 

designation  of 27  §  1  31 

Physical  requirements 10  17 

Special  patrolmen 25  30 

83 


INDEX 

Rule  Page 

Table  of  height  and  weight 10  §  4  17 

Preference  to  be  given  honorably  dis- 
charged soldiers,  sailors  and  marines.. 35  40 

President  of  Commission,  election  of 2  12 

Probationary  Term: 

Additional  to  other  required  tests 28 

May  be  discharged  during 28  33 

Temporary  service  not  to  be  counted  as 

part  of 22  §  3  28 

Term  of  probation,  length  of 28 

Veterans  not  required  to  serve 28  33 

Promotion: 

Applications,  not  more  than  three  filed  ....29  §  5  34 

Competitive  class,  vacancies  to  be  filled 

by 29  33 

Eligible  list,  certification  from 29  §  6  35 

Eligibility  for,  what  constitutes 29  §  4 

Examinations,  conduct  of 29  §6  35 

Examinations,  notice  to  be  posted..... 29  §  5  34 

Length  of  service  necessary  to  be  eligible 

for 29  §  4  34 

Not  more  than  three  persons  eligible  for.... 29  §  5  34 

Original  appointment  not  allowed  when 

promotion  is  practicable 29  §  1  33 

Salary    or    compensation,    increase    in 

deemed 29  §2 

Seniority  to  be  considered 29  §  3 

To  be  reported  by  appointing  officer 37  §  (g)  42 

Provisional  Appointments : 

Applications,  less  than  three  filed 21  §  2 

Limit  of,  successive  not  to  be  made 21  §  1  27 

May  be  made  permanent 21  §  2  28 

Not  to  continue  more  than  ten  days 

after  notice  of  list 21  §  1 

When  list  contains  less  than  three  names..21  §  1  27 

When  there  is  no  list 21  §  1  27 

Reinstatement : 

Competitive  class,  after  service  in  ex- 
empt class  or  unclassified  service 31  §  2  36 

Leave  of  absence,  not  eligible  for' after 

expiration 32  37 

Limit  of  time  for 31  §  1  35 

Must  have  acquired  position  as  a  result 

of  examination 31  §  3  36 

Restrictions  upon 31  §  1,  3       35,  36 

To  be  reported  by  appointing  officer 37  §  (i)  43 

Residence  and  Citizenship: 

Competitive  and  non-competitive  classes, 

requirements  in 9  §  1  15 

Labor  class,  requirements,  waiving  of 

restrictions 34  §  3  39 

Restrictions  as  to,  may  be  waived 14  20 

84 


INDEX 

Rule  Page 

Roster: 

Must  be  kept  in  office  of  Commission 38  43 

Payrolls  to  be  compared  with 40  §  4  45 

What  it  must  contain 38  43 

Schedules: 

Competitive  Class,  Schedule  "B,"  posi- 
tions included  in 6  14 

Exempt  Class,  Schedule  "A,"  positions  in..  46 

Labor  Class,  Schedule  "D,"  positions  in....  51 

Non-Competitive  Class,  Schedule  "C," 

positions  in 48 

Season  Positions: 

Additional  appointments,  how  made 23  §  3,  4  29 

Appointments   may  be   made  without 

examination 23  §  4  29 

Definition  of 23  §  1  29 

Re-employment;   in   the   next   ensuing 

year „ 23  §  2  29 

Secretary  to  Commission,  appointment  of 2  12 

Soldiers,    sailors   and    marines    entitled    to 

preference 35  40 

Special  Patrolmen: 

Appointments  may  be   made  without 

examination 25  30 

Period  of  employment  limited 25  30 

When  appointments  are  allowed 25  30 

Suspension  of  rule  requiring  competition 16  22 

(See  Exemption  from  Examinations) 
Temporary  Employment: 

Acceptance  of,  not  to  affect  standing 

on  list 22  §3  28 

Not  counted  as  part  of  probationary 

term 22  §  3  28 

Not  to  exceed  one  month 22  §  1  28 

Special  patrolmen 25  30 

Successive  not  to  be  made 22  §  2  28 

Terms,  definition  of 1  11 

Transfer : 

Approval  of  Commission  necessary 30  35 

Labor  class 30  §  2  35 

Must  have  passed  open  competitive  ex- 
amination before 19  §  2  24 

Non-competitive  class 30  §  2  35 

Restrictions  upon 30  §  1 

To  be  reported  by  appointing  officer 37  §  (h)  42 

Three  years  service  in  similar  position 

required 19  §  2  24 

Unclassified  Service: 

Positions  comprised  in 3  12 

Reinstatement  in  competitive  class  after 

service  in 31  §  2  36 

Unskilled  Laborer,  term  defined 1  §  7  12 


85 


INDEX 

Civil  Service  Law 


(For  Index  to  Rules  see  page  77) 

Page 

Annual  reports  of  Municipal  Civil  Service  Com- 
mission  §  11  59 

Applications,  contents  of §  14  62 

Appointment  and  removal  of   Municipal  Civil 

Service  Commissioners §  11  59 

Appointing  officers,  reports  of §  19  66 

Appointment,  recommendations  for,  not  to  relate 

to  political  affiliations §  25  71 

Assessments  prohibited,  political §  26  72 

Attendance  of  witnesses;  fees;  investigations §  6,7,11-56,57,59 

Candidates  not  to  promise  influence §  27  73 

Civil  list,  publication  of,  by  State  Commission §  29  74 

Civil  service,  denned;  division  of;  into  two  classes.. §  9  58 

Classification  of  offices  and  positions  in  classified 

service §  12  61 

Classified  city  service,  rules  for;  how  prescribed; 

when  effective §  11  59 

Classified  service,  defined;  division  of;  into  four 

classes §9,12—58,61 

Classified  state  service,  rules  for;  when  effective  ...§  10  58 

Compensation  of  persons  appointed  contrary  to 

law,  to  be  paid  by  appointing  officer §  8  57 

Compensation  of  veterans  reinstated  by  order  of 

the  Courts §  23  70 

Competitive    class,    defined;    appointments    in; 

eligible  lists §  14, 16-62,65 

Competitive     examination,     exemptions     from, 

limited,  exceptional  qualifications §  15  64 

Definition  of  terms §  2  53 

Disbursing  officers;  duties  of;  payrolls;  estimates 

and  accounts §  20  67 

Duties  of  public  officers §  8 

Eligible  lists,  appointments  from,  how  made §  14,16-62,65 

Employee,  public,  defined §  27 

Employees  of  the  State  Commission;  Salaries  of....§  4  55 

Examinations  in  city  service,  character  of §  11,14-59,62 

Examination,     exemptions     from     competitive, 

limited,  exceptional  qualifications §  15  64 

Examination,  impersonation  in,  a  misdemeanor §  24  71 

Examination,  misdemeanor  to  obstruct  right  of §24  71 

Examination  pamphlet,  publication  of §  29  74 

Exempt    class,   defined;    appointments   without 

examination §  13  61 

Exemptions     from     competitive     examinations, 

limited,  exceptional  qualifications §  15  64 

False  representation  concerning  examinations,  a 

misdemeanor §  24  71 

86 


INDEX 

Page 

Fees,  payment  of  to  witnesses  in  investigations §  7  57 

Impersonation  in  examinations,  a  misdemeanor §  24  71 

Influence,  officers  and  candidates  not  to  promise....!  27  73 

Investigations,  power  of  State  and  Municipal 

Commissions  to  make §  6,11 — 56,59 

Labor  class  in  cities,  defined;  preference  in  em- 
ployment  §  18  65 

Misdemeanor  to  obstruct  right  of  examination §  24  71 

Municipal  Civil  Service  Commission,  appoint- 
ment and  removal  of §  11  59 

Municipal  Civil  Service  Commission,  power  of, 

to  make  investigations §  6,11 — 56,59 

Non-competitive  class,  defined;  appointments  to 

positions  in §  17  65 

Officers  and  employees  of  the  State  Commission....!  4  55 

Officers,  disbursing,  duties  of;  payrolls,  estimates 

and  accounts §  20  67 

Officers  or  candidates  not  to  promise  influence §  27  73 

Officer,  public,  defined  ;  not  to  use  official  au- 
thority and  influence §  27  73 

Official  roster;  what  it  must  show;  to  be  kept  in 

offices  of  State  and  Municipal  Commissions.... §  19  66 

Pensions,  retiring  veterans  of  the  late  civil  war, 

sum  to  be  paid §  21a  69 

Political  affiliations  of  Municipal  Civil  Service 

Commissioners §  11  59 

Political  assessments,  prohibited,  a  misdemeanor.... §  26  72 

Political  opinions  or  affiliations  not  to  affect  ap- 
pointments or  removals §  25  71' 

Power  of  removal  limited;  soldiers,  sailors  and 

marines;  volunteer  firemen §  22  69 

Powers  and  duties  of  State  Commission §  6,11 — 56,59 

Power  to  make  investigations,  State  and  Munici- 
pal Commissions §  6,11 — 56,59 

Promotion;  all  vacancies  to  be  filled  by,  as  far  as 

practicable §  16  65 

Promotion,  recommendations  for  shall  not  relate 

to  political  affiliations §  25  71 

Preference  allowed  honorably  discharged  soldiers, 

sailors  and  marines §  21  68 

Public  employee,  defined;  attempt  to  influence; 

bribery §27  73 

Public  officer,  defined,  not  to  use  official  authority 

to  influence §  27  73 

Public  officers,  duties  of;  must  aid  in  enforcing 

law. §8  57 

Publication  of  examination  pamphlet  and  civil 

list  by  State  Commission §  29  74 

Recommendations  for  appointment  or  promotion 

shall  not  relate  to  political  affiliations §  25  71 

Reduction;  must  be  authorized  by  the  Commission.. §  16  65 

Reinstatement;  must  be  authorized  by  Commission  §  16  65 

87 


INDEX 

Page 

Removal  and  appointment  of  Municipal  Civil 

Service  Commissioners §  11  59 

Removal  limited,  power  of §  22  69 

Removals,  not  to  be  influenced  by  political  affilia- 
tions  §  25  71 

Reports  of  appointing  officers;  contents  of §  19  66 

Retiring  veterans  and  granting  them  pensions; 

sum  to  be  paid §  21a  69 

Roster,  official;  what  must  be  entered  thereon §  19  66 

Rules  of  Municipal  Civil  Service  Commissions, 

when  effective §  11  59 

Rules  for  the  classified  state  service;  when  effec- 
tive  §  10  58 

Short  title;  defined;  "Civil  Service  Law" §  1  53 

Soldiers,  sailors,  marines  and  volunteer  firemen; 

entitled  to  preference §  21  68 

State  Civil  Service  Commission;  what  constitutes; 

salaries §  3  54 

Taxpayers  action,  to  restrain  payment  of  salary 

or  compensation §  28  73 

Transfers;  must  be  authorized  by  Commission §  16  65 

Vacancies  in  competitive  class  to  be  filled  by  pro- 
motion  §  16  65 

Unclassified  service,  defined ;  positions  comprised 

in §9  58 


88 


LIBRARY 
PUBLIC  AFFAIRS  SERVICE 

JUN     5  1980 

UNIVERSITY  Of  CALIhORNlA 
LOS  ANGELES 


